Chicago, IL asked in Employment Law

Q: I was employee who had money taken from my credit card tips to help pay a manager and minimum wage busser

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1 Lawyer Answer

A: Tips are the property of the tipped employee. The employer is prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation or as part of a proper tip pool or sharing arrangement. A tip pool is proper if tips are divided among employees who customarily and regularly receive tips. This could include waiters, waitresses, bussers, and service bartenders. However, this would not include your manager or other employees who don't typically receive tips, such as dishwashers or cooks. It sounds like your employer may be violating the law. You should reach out to an employment law attorney in your area as soon as possible to discuss your options.

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