Q: Can I sue my employer for breaking the FLSA (not giving me the tips I earn) for more than just the tips that she owes ?
At my job we get payed $8.00 an hour plus $1.00 an hour for tips. Some days we'll gross more than $80.00 in tips but every employee will only receive one per hour they worked that day. We have not had a day where we made more money from the dollar per hour tips than we would have dividing the tips up evenly. I would like to know both: If I can sue her (small claims court) for the tips she owes me as well as if I can sue for her breaking the Fair labor standards act or any other laws of that nature. I have picture evidence of all the numbers as well as pay stubs.
A: The Flsa can be brought in state or federal court. If you earned a tip it's your money and management can't take any part of it but tipped employees can pool. From what you said you never had situation where tips would exceed 1$ per hour for all so not sure what you are saying but again your employer cannot withhold tips or exercise dominion and control over it or take 1$
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