Can my employer take the tips i make?

i work in a coat room. i make above minimum wage. all the tips that people hand us are supposed to be turned in to the "house." every other worker in the establishment (servers, bartenders, door men, valet.) are allowed to keep their tips. but the coat room is told to turn tips in. is that legal? if someone HANDS me money, isn't that MY money? why am i obligated to hand it over instead of putting it in my pocket? i was told it's a law that they can't take a tip given to me. but i can't find any laws about tips in general. help.
Additional Details
i live in new jersey.

Mayan

Different states have different rules, so you will have to tell us what state you are in before anyone can give you an authoritative answer. Meanwhile here are the California and New York answers:

"California Labor Code Section 351 prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a patron. Furthermore it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employeeâ€™s wages. The law further states that gratuities are the sole property of the employee or employees to whom they are given."
http://www.dir.ca.gov/dlse/FAQ_TipsAndGratutities.htm

I didn't look up the actual law in New York, but here is what the New York City Restaurant Insider Magazine says:
"... in no event may the employer or his/her â€œagentâ€ share in the employeesâ€™ tips; an employee cannot consent to the employer sharing in the tips;..."
http://www.nyrestaurantinsider.com/july2007-tipsharing.asp

If your state's laws are like California or New York, your employer has committed violations of the labor laws. That means:
(a) you can keep the tips in the future,
(b) you can demand that past tips that you have forwarded to the employer be repaid immediately,
(c) you can sue for the tips previously paid,
(d) you can file a complaint with the state labor commissioner for the violation and possibly collect penalties in addition to the repayment, and
(e) you can sue the employer if they fire you for taking any of the above action. That will be a wrongful termination case and punitive damages could be awarded.

This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

Mayan

rachel t

They take your tips?! Uhhg, thats HORRIBLE!
It doesnt sound right... I would ask a corporate lawyer maybe? It IS YOUR money.

Cowboy

Nope, that is your money.

If everyone who worked there put all the tips in one jar and then at the end of the shift was split between all workers, that's fine. But since you are singled out "he" is in esence stealing from you.

Take the tips and don't tell anyone. Not even your co-workers.

webmaster

no that is wrong if you can't accept them then let them know that. but, you don't want to give more money to the company when they make enough of it. Or just don't tell them you got tips.

Tim

That sounds strange. Ask them to give you a reference to the law that states this.

You may also upset someone by doing so and not get scheduled.

Expert Realtor

No....all the company has to do is guarantee you minimum wage.

If you feel you are getting shafted, you also have the choice of not staying there.

It is NOT a law that they cannot take tips from you...technically your company can FORBID you to TAKE TIPS AT ALL if you are getting paid minimum wage or more.

You know what I would do? When someone gets ready to tip you...hand it back to them.

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