can my employer hold my tips, is it legal?
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can my employer hold my tips, is it legal?
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I work at a Dunkin Donuts in IL and some customers leave a "tip" The problem is that the owner of the location, does not allow us to take the tips home. We never get more than $5.00 on a 8hour period and sometimes not even $2.00 per shift. The owner said if we take the money given to us by the customers, we are stealing, and we might get fired for that reason. Is this legal? can they keep the money and add it to their profit?
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jobbend
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You need to understand the laws regarding wages in your situation - and the state of IL website was not very helpful.
That said, the customary practice for a tip jar is that a customer decides if they want to leave money - and the customer believes that their tip is going directly to the staff. If the owner is pocketing the money or putting it directly on the books of the business, then he is actually stealing money not only from you, but essentially from his customers. Why? Because the customer believes the money is going to the staff, not towards the sale of the product (the company/owner). And as a customer, I would be pissed off if I found out this was happening.
If the custom regarding a tip jar is different where you work, and a tip jar implies something else to a customer (like I'm going to pay more money for my coffee than the menu tells me to), then the owner is right. I'm doubtful this is the case.
If you want some legal guidance on this, call the Illinois Department of Labor and ask them about wages, and tips. |
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Ｄｏｃｔｏｒ Ｇｏｎｚｏ
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He is stealing from you, that money is intended for you not Dunkin Donuts. I would contact the corporate offices of DD and file a complaint.
Just did some searching on Google and it seems this is a pretty wide spread problem throughout the franchise recently, they are keeping all monies intended to be tips for good employee service and claiming that they are donating it to some kind of charity or another. From what I understand it is NOT legal for them to take away your tips or to force you to donate them to charities. You and your fellow employees may want to discuss things with each other and possibly even consult a lawyer.
If this is the way Dunkin Donuts treats employees I will no longer spend my money in their stores.
Good luck, hope it works out for you. |
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michr
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are you over 18?
the minimum wage for minors is less then for adults in Illinois
how long have you been employed?
Illinois allows a training wage for the first 90 days
if what you have explained is accurate and the employer is taking a tip credit then the tips must go to you and your reported tips added to the wage paid by the employer must take you to at least minimum wage for each hour worked. if what you have here is accurate then what is being done is illegal. contact the district manager or corporate HR to complain if this manager does not correct this immediately.
if corporate does not get this resolved file a wage claim at:
http://www.state.il.us/agency/idol/forms/pdfs/IL452MWL01.PDF |
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Dave87gn
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its legal, you arent a waitress |
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Oz Oswald
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Slyly sneak a note onto the tip jar/bowl/whatever which reads "These tips are taken home by the company, not the staff" and lets see how many tips they get then. |
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Jeremy
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I am a waiter at a new Italian Restaurant in Wilmington, NC. My boss says that it is legal to hold all of my tips for up to 2 weeks. Getting my money that I have earned fairly is such a hassle. Is this Legal? |
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