Federal laws are a floor. States can add on, e.g. minimum wage is higher than the federal amount in some places.

So, The State of Texas has to Honor the FLSA?

Why don't you just ask?

Am i not asking?

You probably aren't going to lose your job over this, but there is a nonzero chance that complaining about this will result in your boss souring on promoting you any further in the future. But it's your life, your job, your choice.

https://money.cnn.com/2018/03/24/new...ill/index.html

The spending bill, which President Donald Trump signed into law on Friday, includes a section that makes it clear that employers may not pocket any portion of tips that diners leave for workers.


https://www.overtime-flsa.com/state-...-overtime-law/

Employees in Texas are protected by both the Texas Labor Code and the Fair Labor Standards Act (FLSA).

Gecko, did you realize how dumb it was to write that an extra ~10% in pay isn't important? Especially so for those making near minimum wage.

I changed my mind after I reread the original post that said almost $600 was missing

Anyway, it appears that what your employer is doing could possibly be considered legit, although the exact accounting procedures are not clear from this page:

https://www.nolo.com/legal-encyclope...employees.html

State law allows the employer to take a tip credit. Some states allow the employer to count all or part of an employee’s tips towards its minimum wage obligations. Although the employer doesn’t technically “take” the employee’s tips, the employer gets to count some tips as if the employer had paid them directly to the employee. Texas allows employers to take a tip credit.

Also, some states require a minimum expectation of tips to be required for there to be an official tip pool. You'll have to check Texas law to see what the exact procedures for both tip credits and tip pools are to determine if your employer is breaking the law.

gecko,

Keep reading, bro.

Exactly, which means he can potentially claw back some of their tips to pay for the difference between tipped minimum wage and regular minimum wage, a difference of $5.12/hr in Texas (7.25-2.13).

Your employer may be guilty of clawing too much back, might just be lazy or sloppy, or might try to argue that your employees do not get tipped enough to make all the tip pool laws apply. If he is doing this as a tip credit, it sounds like he's not following the proper procedures. It's hard to say with just one month of data.

Are you the OP's scumbag boss?

If the tips paid are the same every month, what happens if total tips received are less than paid (short month or bad weather).

My electric company offered me the chance to pay the same amount every month, adjusted once a year - I didn't ask how the figured the amount.

They average the billing amount of the previous year and then add a premium to it because they want to accumulate interest and also prefer to have to pay you back at the end of the year instead of you owing them.

I work in a similar situation. Sorry if this has been asked but if it has I just missed it: we have the tip pool sorted out by hours every week, are you responsible for this or is the owner? If he is ask to see it. 33% missing would be too big of an anomaly

Nevermind, obviously you're privy to the tip breakdown.

Speaking of shady:

I work for a large hotel corporation and during our banquets (where the entire staff is comprised of immigrants without the proper paperwork, I say this to acknowledge they can't defend themselves not to start a bigger debate) the owner charges a "service charge " of 20%. It would look like a tip, which should obv go to the workers to bump up their minimum wage .

But no, he pockets this (billionaire) and instead of them making 25 an hour like most banquet workers they make flat out minimum wage. It's disgusting and I've been trying to figure out a way to do something about it. In California apparently it's legal because he can claim he's using that service charge to pay their wage.

The last girl who they put in charge of banquets got fired for speaking up.

Sorry for the derail, just a similar situation I wanted to vent about

I get payed ****! 10 percent significant.

Right.

there is always a catch.

my owner decides on cc tip payment. i have little or no say.

im waiting to hear back from the lawyer,.

my posts has parts missing goddamn it.

If only you had the opportunity to post further.

Update:

I just got off the phone with my 1st lawyer. She finally got back to me.

She said I am most likely not able to receive a portion of Credit Card tips as I am the manager. She said my owner using those funds as part of my salary is most likely a violation of the law. All tips should go to non-management employees.

She reiterated that I might lose wages if I pursue the case. I told her I am a social worker and do not care about this ****ty job. I am seeking social justice.

We agreed I should confront my owner in a nice why to see what he says. I asked her if I should consult corporate and she said go ahead, to see if they know and are complicate

The biggest thing she said is that my owner is probably stealing from employees tips to help pay my salary.

So the plot thickens.

This is the same lawyer who didn't understand the law and blamed it on Trump during your first conversation?

Social Justice Warriors Unite!

If paying managers out of employee tips it could be a national scandal. If it is going on outside of my owners 3 franchises.

Thoughts?

She said that there was a fuzzy period during the Trump Administration but now it is clear (and Trump signed into law, that employers can not touch tips.).

My thought is your lawyer is an idiot. No decent lawyer ever says " Go ahead, try it, and see what happens".

If you don't know the answer, don't ask the question.

Should I seek a second opinion?

She seems to think that a law suit is probably necessary. CC tips at QSR are a new thing so there is not a lot of case law, according to her.

and yes social warriors unite! That is why I am pursuing this!