You are a waiter, waitress or a busboy, but your employer is forcing you to split your tips with managers or workers who do not directly serve the customers. You are entitled to your fair share of the tips and you should not be forced to share your tips with workers who do not serve customers. The employer should pay non-service employees fairly and as required by law, but not out of the tips you have earned. Nor can your employer take a “tip” credit against your hourly wages unless the customers are actually giving you a specified threshold of tips.

Service employees who are forced to share their tips with other employees who do not actually serve customers are often shortchanged when their employer uses the earned tips to pay non-service employees and managers. Federal Law and New York State law do not permit the sharing of tips with employees who do not actually serve customers. Nor can your employer subject you to retaliation in New York State or New York City because you complain that he is unlawfully taking the tips that you earned. 

Contact us online or call us at (212) 949-1001 if you think that your employer's harmful actions stem from taking tips that you have earned. We will use our more than 25 years of experience to help you resolve the matter by negotiation or by going to court in the State of New York or New York City.