QUESTION

In IL is there a labor law that managers cannot get cash tips

Asked on Mar 30th, 2015 on Labor and Employment - Illinois
More details to this question:
I have worked 17 yrs in a restaurant as a manager and March 1st was getting my tips in cash. Now the employer says as per the IL labor law, managers are not supposed to be paid tips in cash but included in my paycheck - so that I get taxed. Also for the past 8 years I have not received any bonus or increment but the employer takes 5% of everyone's tips
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
Illinois law does not allow managers to share in the tips provided to hourly employees.  There are certain times when the owner could take a percent of the tips, but there are explicit rules that apply, clear notice to the employees that this is going to occur, possibly a requirement of written consent of the employees, and the employees must always receive at least minimum wage for each day they work.  It is likely that the owner has violated a rule as to the employees, but probably not as to you
Answered on Apr 01st, 2015 at 12:28 PM

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