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ZephyrInfernum t1_j4nlv49 wrote

Reply to comment by Areola_Granola in Shyndigz on W Cary not paying out tips. by itzaxumzn

Wrong! A tip, no matter your base wage, is a transaction between the tipper and the individual receiving the tip.

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Last-Calligrapher293 t1_j4nqksz wrote

Agreed, managers are not allowed tips unless clocked in as bartender/server/etc and owners are never ever allowed tips. I have been in the industry for 10 years and seen restaurants go down for this

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halfghan24 t1_j4ocgl4 wrote

Wait for real? Cause I’ve worked at multiple places where managers were included in tip pool (not doubting you it’s just uhhhh fuckin wild)

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Last-Calligrapher293 t1_j4oh91t wrote

Yes, they legally cannot collect tips while being manager. If they are part time manager, part time bartender/whatever they can when clocked in as NOT manager

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LostDefectivePearl t1_j4oec52 wrote

And I’d bet the tips they stole from you that they know it’s illegal, too

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Areola_Granola t1_j4noxmh wrote

Source, please.

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kubigjay t1_j4nu0ja wrote

Section 1, first bullet: https://www.dol.gov/agencies/whd/flsa/tips

"an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools"

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ZephyrInfernum t1_j4nv52z wrote

I think we commented back at the same time. Thank you though.

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kubigjay t1_j4nvnrr wrote

Yep.

I still don't understand why you are getting down voted. Must be all the managers seeing this thread.

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ZephyrInfernum t1_j4nuf3f wrote

https://www.dol.gov/agencies/whd/flsa/tips

>In 2020 and 2021, the Department completed a series of rulemakings to update its regulations to protect tipped workers. These rulemakings addressed 2018 legislative amendments to section 3(m) and other sections of the Fair Labor Standards Act (FLSA) to expressly prohibit employers, including managers and supervisors, from keeping employees’ tips.

There's that for starters. And this:

>an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools;

Do you have a source you'd like to cite for your bullshit?

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