Fort Pierce, FL asked in Business Law, Employment Discrimination and Employment Law for Florida

Q: Is there a law aginst employers takeing all of there employees tips be cause someone stole from them?

My names Kristina I work at a tropical smoothie in fort Pierce FL some one thought it was smart to steal 200$ from the cash register at my job an since my boss dosnt know who he started takeing every ones tips to pay off the two hundred dollars even though half of the employees had nuthing to do with it I'm one of the employees that had nuthing to do with it and I belive it's unfair to us that he does that he has said who ever dosnt take part in giving him all our tips will be fired or have our pay doct. They also dont give employees breaks but still take the money from the brakes even though we dont get any could you please help

2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Yes

Alberto Naranjo
PREMIUM
Alberto Naranjo
Answered
  • Employment Law Lawyer
  • Miami Lakes, FL
  • Licensed in Florida

A: If you work, you should be paid. It is a violation of the law to force employees to work off the clock (which is what your boss is doing if you do not take breaks but they automatically deduct the time). This is also an illegal deduction. As to tips, if you are part of a tip pool, meaning that your employer is paying you less than the minimum wage, for example like waiters and waitresses, this may also be a violation of the law. If it is a service charge and not a tip, the answer would be different.

I highly suggest you keep track of the hours you work and have an employment law attorney review your pay stubs. I would also review and keep a copy of your handbook.

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