Newburgh, NY asked in Employment Law for New York

Q: Is it legal for a business owner to keep employee tips in New York state?

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1 Lawyer Answer
Charles Joseph
PREMIUM
Charles Joseph
Answered
  • New York, NY
  • Licensed in New York

A: While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers.

If the owner is taking part of your tips, that is illegal, and you should contact an experienced employment attorney to discuss your options.

You can read more about the rights of tipped employees at https://www.workingnowandthen.com/new-york-wage-theft/new-york-tips/.

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