Tips and such ( Archived) (7)

Oct 13, 2011 8:31 PM CST Tips and such
Awhile back I posted regarding a business that collects ALL the tips, stating (openly, in writing) that all employees agree to donate their tips back to the business, which is of a religious, spiritual, if you will, nature. I just found out it is illegal for them to do this. I am not sure just exactly what I want to accomplish, but it is something that has ticked me off for awhile. (Saying they are volunteering the tips is insufficient, according to a legal website I researched. It has too much of an appearance of coercing, and, never-the-less, it creates a hostile pre-employment environment, because if an applicant refuses to abide, they are not hired. just a little tidbit...good night..ro
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Oct 13, 2011 8:47 PM CST Tips and such
Ur_Knight
Ur_KnightUr_KnightWindsor, Ontario Canada10 Threads 2,176 Posts
I sent you an email with information that may help you Rohaan

handshake
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Oct 13, 2011 9:08 PM CST Tips and such
montecito
montecitomontecitoLovely, New Jersey USA96 Threads 2 Polls 5,086 Posts
Hi Ro...According to this, employers can't force employees to give back their tips.

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Oct 13, 2011 9:20 PM CST Tips and such
jono7
jono7jono7Out West, British Columbia Canada3 Threads 8,017 Posts
rohaan: Awhile back I posted regarding a business that collects ALL the tips, stating (openly, in writing) that all employees agree to donate their tips back to the business, which is of a religious, spiritual, if you will, nature. I just found out it is illegal for them to do this. I am not sure just exactly what I want to accomplish, but it is something that has ticked me off for awhile. (Saying they are volunteering the tips is insufficient, according to a legal website I researched. It has too much of an appearance of coercing, and, never-the-less, it creates a hostile pre-employment environment, because if an applicant refuses to abide, they are not hired. just a little tidbit...good night..ro


seems more appropriate to let one keep their tips and decide for themselves if and where they would like to donate to, and then have their own tax receipt as well...hhmmmmm...
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Oct 14, 2011 7:14 PM CST Tips and such
montecito: Hi Ro...According to this, employers can't force employees to give back their tips.

Hi honey--thanks for the site. hug
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Oct 14, 2011 7:15 PM CST Tips and such
jono7: seems more appropriate to let one keep their tips and decide for themselves if and where they would like to donate to, and then have their own tax receipt as well...hhmmmmm...
I agree. So do the laws in (most) states, too. Thanks for writing.
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Oct 14, 2011 7:28 PM CST Tips and such
Ur_Knight: I sent you an email with information that may help you Rohaan
Thanks. I answered it. For everyone's info here--this is a for-profit food service business. They can not legally request, ask for, solicit, or in any way imply that tips, any, all or a portion thereof, can be pooled for discretionary charitable use by same employer. This is interpreted as coercion, as I said before. This topic goes much deeper, too, and I didn't know THIS: not only can they not do this, but in a bar, restaurant, etc... if tips are pooled among the staff, which is perfectly legal, there is an exemption here, as well. The owner, even if working, can not take any part of pooled tips. He/she may, however, take tips left specifically for him/her in the case of tips not being pooled. (Studies show that most tipping establishments do NOT pool tips, however, many can and do require tip sharing (this IS legal) of non-serving staff, such as dishwashers and busboys and prep cooks. Get this, too, cooks/chefs cannot be a part of the "pool" if pooling is used, they can, however, take tips specifically given to them personally. Wow. So many policies about tipping.
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