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Can my "Owner/Operator" Get a portion of tips from customers? Can my "Owner/Operator" Get a portion of tips from customers?

06-29-2019 , 04:10 PM
It's been a long time 2+ 2, but i will always love this Forum.

Currently, I am a general manager at Jersey Mikes 's Subs. Part of my and my employees's incomes are a result of cash and credit card tips. Cash tips are distributed after each shift (as gm I do not get a cut).

However, credit card tips are paid out once a month. Credit card tips have always been a concern at my store. Most employees get the same amount each month.

As a result, i did an unofficial audit of total tips received and what was paid to me and my employees.

There was a $566 difference last month. Essentially we got 1800 in credit card tips but only 1250 was paid to employees. Is this legal?

The only thing I can think of is that an owner/operator can receive a portion of tips, or he is embezzling?

Help and advice please.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 04:17 PM
Feel free to ama about Jersy Mike's.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 04:43 PM
This is my wife’s area of law. It’s a bit complicated. Generally, tips can not be used to cover management employees. They are generally permitted to subtract out credit card processing fees, which are around 3%. Some places subtract the credit card fees on the whole tab, and give what’s left over as tips. This is almost certainly against the FLSA. No deductions of any sort are permitted in California and a handful of other states.

Conveniently, the FLSA provides for the company to pay your attorney’s fees, so many employment attorneys will take these cases for free. Use www.nela.org to find a specialist in your area.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 04:47 PM
Quote:
Originally Posted by plano
Most employees get the same amount each month..
This bit is extremely suspicious and strongly suggests they are cheating.

By the way, I’m currently sailing across the Atlantic on a multi-million dollar sailboat that was bought with the proceeds of class action FLSA litigation on similar sorts of cases. If you are in Nevada, I know a guy.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 05:39 PM
I'm in Texas.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 05:42 PM
Looking up FLSA. Thanks.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 05:45 PM
All my employees are paid above minimum wage if that makes a difference.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 06:00 PM
My owner/operator has 3 stores. So if he is shorting each store that could be over 15k a year. There have been instances also where employee tips were denied to specific employees for sub-par performance, but those denied tips were not redistributed to the other employees.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 07:08 PM
Definitely feels like some shade going on. If he is skimming that much money, that might not be the only place he is cutting corners. I would reach out to corporate as well but do it in a way that it can't get back to you.

I would continue to track tips. One month may be an anomaly six months is a pattern.

Also, document everything.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 07:22 PM
At this point, i want to remain anonymous, so corporate is not really an option as they know me. I need reason to accuse him if I do. He is a super nice guy btw.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 07:27 PM
I can track tips received up to a year. Its nothing new possibly be shorted. We get paid the same amount in tips every month no matter of sales. That's at least $500 a month which i cannot account for.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 07:29 PM
I have never seen a P & L if that makes a difference?
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-29-2019 , 11:53 PM
Doesn't corporate have an anonymous type line to call with your phone?
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 12:16 AM
Just the fact the tips are the same every month tells you he is rounding. At best. And down obviously.

Greed is a thing.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 06:35 AM
Quote:
Originally Posted by plano
All my employees are paid above minimum wage if that makes a difference.
No. There have been lawsuits about this in casinos where employees make way more than minimum wage. Tips belong to employees.

Quote:
Originally Posted by plano
My owner/operator has 3 stores. So if he is shorting each store that could be over 15k a year. There have been instances also where employee tips were denied to specific employees for sub-par performance, but those denied tips were not redistributed to the other employees.
Holding tips due to performance is 100% wrong, my wife has won several cases for strippers with that exact set of facts.

I’m setting sail for the Azores in the next few hours, so I’m out for a couple weeks.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 08:09 AM
Must be nice to just breeze in and out.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 09:23 AM
What are some hacks for ordering at Jersey Mike's?
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 11:47 AM
Legal or not, it is a scummy practice.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 06:37 PM
Quote:
Originally Posted by DisRuptive1
Doesn't corporate have an anonymous type line to call with your phone?
I looked into this. The corporate line is geared towards franchise owners and i only got voicemails when I called. Plus I want to remain anonymous.

Quote:
Originally Posted by 27offsuit
Just the fact the tips are the same every month tells you he is rounding. At best. And down obviously.

Greed is a thing.
Agreed. and Agreed. He loves craps and sportsbetting, btw, just saying.

Quote:
Originally Posted by NoSoup4U
No. There have been lawsuits about this in casinos where employees make way more than minimum wage. Tips belong to employees.



Holding tips due to performance is 100% wrong, my wife has won several cases for strippers with that exact set of facts.

I’m setting sail for the Azores in the next few hours, so I’m out for a couple weeks.
Thanks for the info and links, HAVE FUN...IM JEALOUS!

Quote:
Originally Posted by LieutenantBroccoli
What are some hacks for ordering at Jersey Mike's?
Ha! Good question.

If you ask for double meat instead of extra meat you will more than likely get more meat for the extra meat price. There is only a key to ring up extra meat which is less than double meat. The employee will probably just ring up extra meat and often times they wont charge you unless you remind them for the extra meat.

Avocado and bacon are rarely added on in price to your sub, especially avocado as there is no button for it. Just say I want a # whatever with avocado.

Ask for sides of pickles jalapenos, dressings, or whatever. Add them to your sub but sides are free.

Jersey Mikes has a rewards program. You buy subs you get subs for free. About 7 to 1. Every Monday is double points day. So go in on Mondays to build your points twice as fast. My store will let you put in your rewards for somebody who is not a member. So you can get their points also. We also honor any coupon from any Jersey Mikes. Some franchises to not.

If you sign with their app or email you get a birthday coupon... free sub + free drink as well as other coupons throughout the year.

The 99 is a secret menu hot sub that is really good. (43+56).

If you order the a sandwich that is not on the menu, you will most likely get some extra meat. For example, if you say I want turkey, salami, and cheese. They will probably ring up just a turkey and provolone and not charge for the salami but give you the normal amount of turkey.

Its cheaper to order a giant as opposed to two regulars. Cold subs get slightly less meat and cheese to compensate. Giant hot subs get the same amount of meat and cheese as to regulars. So itis better value to get the giant and eat half the next day or sharer it.

Also, if you "think" you aren't getting enough meat meat on you sub, just say "I think that looks a little thin." and they'll put some extra slices on it. But that is the honer code.

Lastly, this got long,

If an employee hooks you up with extra meat or cheese, or free chips and drink, or cookies whatever. Tip the damn jar. They'll probably hook you up the next time.


Quote:
Originally Posted by pokeraz
Legal or not, it is a scummy practice.
Very imo. I've been GM a year there now. My portion of that tip money is $150 to $200 a month. $2400 is a lot of money to me when they pay me ****. As well as what my employees are owed.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 06:50 PM
With no benefits.

Im praying for another poker boom!
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 07:10 PM
Quote:
Originally Posted by plano
I looked into this. The corporate line is geared towards franchise owners and i only got voicemails when I called. Plus I want to remain anonymous.


Call Mike.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 07:20 PM
Could it be taxes?
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 07:39 PM
Quote:
Originally Posted by txdome
Call Mike.
I'm pretty sure Mike is dead, Joe Cancro runs the business now. He worked at the original Jersey Mikes and franchised it. If you can get his number I'll call it.

Quote:
Originally Posted by durango155
Could it be taxes?
My employees and I pay taxes on our credit card tips. So i don't think so, or its a double tax?

Last edited by plano; 06-30-2019 at 07:45 PM.
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 07:48 PM
Treble damages. No idea if this a thing, but I put it out there...
Can my "Owner/Operator" Get a portion of tips from customers? Quote
06-30-2019 , 08:50 PM
Quote:
Originally Posted by Lurshy
Treble damages. No idea if this a thing, but I put it out there...
Sorry, what does that mean?


I meant to #socialjusticewarrior










/

Last edited by plano; 06-30-2019 at 08:57 PM.
Can my "Owner/Operator" Get a portion of tips from customers? Quote

      
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