Tacoma, WA asked in Employment Law for Oregon

Q: Oregon - Can the owner and supervisor take part in pooled tips, and I was paid under minimum wage..

I work for a locally owned restaurant/cafe in NE Oregon. During the day customers put tips in a jar on the counter and give debit tips, so we do tip pooling, involving everyone (front and back) working that day between 10am and 2pm, depending on how many hours you've worked you get a certain amount of the tips. When the owner and the supervisor/manager are there they also take a part of the tips. This is how she has done it for years. Isn't this illegal? Also I make minimum wage, and it just went up July 1st 2018, but my check for July 1st to July 15th I was still paid my previous wage($10/hr), which is under Oregon's new minimum wage($10.50/hr for nonurban). I brought it up to them and they rudely told me they would look into it, but have yet to do so, they keep making up excuses. The owner is a pretty shady lady, she has NEVER fired anyone, let's her 4 year old son come to work with her sometimes and he plays in the kitchen or "helps" get food or baskets ready, there is so much more

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1 Lawyer Answer

A: Correct, owners and mangers are not allowed to be part of the tip pool. There appear to be substantial penalties your employer would owe you, and all the other employees.

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