QUESTION

Is my employer illegally docking our tip pool?

Asked on Jun 04th, 2014 on Labor and Employment - Texas
More details to this question:
I work at a sandwich shop in Texas and our employer pools our CC tips and pays them out monthly. He deducts from the pool every time there is waste i.e dropped bread, burnt roast beef. He sometimes deducts what he paid for the product, like if we burn a roast beef he takes out 50 bucks but other stuff he deducts gross potential profit like if we drop and loaf of bread he deducts 12 dollar from our tips. He also deducts from our share as punishment like if we are late or forget to do side work. Is this legal?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Short Answer - no this is not legal.  Make your complaint to the U.S. Department of Labor - Wage and Hour Division.  There is an office in each of the big cities in Texas.  The DFW office is in Arlington.  If he his going to dock the tip pool, he will need to pay you and all the other tipped employees the full $7.25 per hour.
Answered on Jun 09th, 2014 at 3:44 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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