Sacramento, CA asked in Employment Law for Nevada

Q: Is my boss able to take all of my tips at the end of the night & divide them with everyone including the dishwasher.

The cook gets paid higher than me, and he takes my tips and splits with them including himself. I only receive a quarter of my tips by the end.

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1 Lawyer Answer

A: Federal law prohibits an employer from using your tips to pay managers or non-tipped employees such as cooks. You probably have a good claim under federal law if your restaurant is covered by the Fair Labor Standards Act (FLSA). Most restaurants are covered by the FLSA. Your restaurant is covered if the restaurant does more than $500,000 in sales per year? If so, the restaurant is covered by the FLSA and the conduct violates federal law. You could be entitled to double your damages. Any employment lawyer should be willing to provide a free consultation on this issue if you just call them or email them.

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