I am a Server at a Restaurant, and my Employer is Keeping my Tips.
Under federal law in the United States, employers are generally not allowed to keep tips earned by their employees, including servers in restaurants. Tips are considered the property of the employee who earned them, and employers may only take a portion of tips under certain circumstances, such as to cover credit card processing fees.
If your employer is keeping your tips, you should speak to them about the issue and ask for an explanation. If you are not satisfied with their response or if the issue is not resolved, you may be able to file a complaint with the United States Department of Labor (DOL) Wage and Hour Division or the state labor department.
When filing a complaint, you will need to provide evidence of your tip earnings, including any tips that were withheld by your employer. This evidence can include copies of your pay stubs, bank statements, or other documentation.
In addition to federal law, some states and localities have their own laws governing tips and gratuities. These laws may provide additional protections for employees and may have different requirements or restrictions than federal law. You should review the laws in your state or locality to understand your rights as an employee.
It’s important to keep accurate records of your tips, including the amount earned, the date earned, and any amounts withheld by your employer. This information can be useful if you need to file a complaint or take legal action to recover your tips.