Washington, DC asked in Employment Law and Business Law for Virginia

Q: want to know if the owner is allowed to hold on to my tips if something is not done right.

He has a “to do list” with 10-12 things he wants done, and if one is not he would take 10% each of our tips for the day (cash and extra gratuity tips). He also takes them and holds on to them till Friday and then gives them to us.

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1 Lawyer Answer
Timothy R Johnson
Timothy R Johnson
  • Berryville, VA
  • Licensed in Virginia

A: Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases on a contingency basis so your only risk is lost time.

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