Asked in Employment Law for South Carolina

Q: Is an employer allowed to take an employees tips?

We put all of the tips together and divide them amongst the employees based on hours worked at the end of the month. Can an employer take those tips away? They say they’re a privilege to get, not a right, and they can take them away at any given time.

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1 Lawyer Answer
Jeremy R. Summerlin
Jeremy R. Summerlin
  • Greenville, SC
  • Licensed in South Carolina

A: If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.

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