Your lawyer says a lawsuit may be necessary? That's a new one. Next you'll be telling us she wants a retainer.

Good luck, that's a long row to hoe.

I tend to agree. Or see the answer and go from there?

How did this lawyer determine you were a manager? (Being called a manager and qualifying as a manager under employment law are two different things.) Did she ask you any questions about your duties.

She came recommended by nosoupforyou by going to the fsla website. I am not opposed to seeking a second opinion.

Yes. From what i gathered she said that even though I perfom the duties of regular employees i am still considered management because i can hire and fire employees and can reprimand them. I make the schedule and so forth.

Im not saying this lawyer is correct. Im seeking the best options.

ty, it is my mission!

What does this mean?

Are you saying that you, and your attorney, believe that prior to Trump recently signing a new law that it was legal for employers to take a portion of employee tips?

Social workers get tipped?

Essentially yes. Now they legally can not, to my knowledge. Deregulation and no over site allowed employers to do as they pleased with employee tips to my understanding. Pretty gross, right. This **** is real and is absurd.

see other posts in this thread.

I wish...but we fight the good fight! .

for example.

What Im gathering from all this, is that my owner is supplementing my salary by taking tips away from my employees. If true it makes me sick and he should be held accountable, especially if it violates the law and it should violate the law..

I'm confused, in the OP you stated that you thought a portion of the tips were being stolen. Now you're saying that you're receiving tips you're not entitled to?

Even in the OP you contradict yourself:

Are you getting a cut or not?

Maybe?, Maybe not? I don't claim to actually know anything about the topic, but common sense tells me that employers probably haven't been able to "do as they pleased" with tips in my lifetime.

I googled it for you. I came up with a few interesting reads. Here's Forbes take on the topic.

I'd assume as a socialist employee you'd want the dishwashers to share in the tips?

Maybe you should start a Jersey Mike's employee union, and demand $15 for employees and all tip income goes to union fees. Go national as there must be hundreds of Jersey Mike employees.

Assuming that Jersey Mike’s has “standard” employment contracts, it should only work the other way around. You might be considered a “manager” under employment law if your duties include personnel responsibilities even if you’re signed to a “team member” contract (or whatever Jersey Mike’s calls them). But you’re always considered a manager if you’re signed to a manager contract (including the corresponding salary) even if you don’t have any personnel responsibilities and your only real-life duties are the ones of regular team members.

Doesn’t really apply to the scenario here and didn’t happen in the US anyway, but I was involved with a business where shareholders successfully sued the mother of the owner for liability because she was listed as a managing director. Didn’t help that the only things she did was opening and scanning mail and answering the phone.

lol at signing an employment contract at Jersey Mike's.

Alrighty, let’s call it an at-will employment statement for crew members

Odds that OP screws this up so bad that he somehow ends up paying restitution for the misappropriated tips portion of his salary while the owner gets off scot-free?

Once you open a can of worms, you can't put them back in the can.

I read this as the owner is claiming to "have" to use tip $ to meet OP's salary. And that is not how the owner is suppose to be funding OP's salary. Because I mean, surely the owner takes a profit (or loss!), and his profit should be after OP's salary is met (without tip $).

So the way it sounds is that $ is ultimately hitting owner's bottom line that shouldn't be. If I'm understanding right.

Sigh. Hope the consultation was free.

There’s hope for change OP.

Doordash changes tip theft policy

Phrasing