UnderCover Waitress: June 2013

Sunday, June 16, 2013

How to Keep Track of Your Tips

Hey everyone. I am on the road at the moment and will be able to do more comparisons of state laws regarding tip outs when I return in a few weeks.

I was recently published on the H&R Block Blog: How to Keep Track of Your Tips for Tax Purposes.  Head on over there for an informative read. :-)

Best to all and I will be writing again soon! 

Monday, June 10, 2013

Restaurant Policy Changes

Ask the Waitress!

This comment was left on Understanding Tip Pools, Tip Credits and Tip Outs:

The restaurant I wait tables in is changing policy on paying out credit card tip's from the next day to only getting them on our paycheck, a bummer for sure but that's life. Now they are also going to start automatically taking out the tip's we usually hand pay to the busers, bartender etc... Let me first state that I am in no way trying to not tip out on what I make but I am concerned that I have no control over how much they are going to take out of my tip's to tip out. I'm wondering if this is legal

I believe it is legal as long as the following happens:

1 -- They inform you of the change in pay policy before it takes place. The policy may not go into effect for any shift you worked before you were informed of the change. After you are informed, your continued employment constitutes agreement with the new policy. (In other words, if you don't like the new policy you have the option of quitting before it affects your paycheck)

2 -- You are informed of the percentage or amount of money that will be held to pay others, such as bussers and bartenders. In other words, they cannot say, "Oh, we decided to pay everyone 15 percent instead of 10 percent for that shift."

3 -- You are paid the full amount owed to you via your paycheck. That means hourly wage, plus tips, minus tip outs and minus taxes. Your paycheck stub should indicate your gross pay and the deductions your employer has made. If you do not understand your paycheck stub, please ask a manager to explain it to you.

4 -- As always, you have to make a total of minimum wage after tips outs. If your hourly wage plus tips do not average out to at least minimum wage, the restaurant owes you money.

5 -- I assume they are asking you claim your cash tips. (?)

And, once again, you all know that I am not a lawyer,
I'm just a stupid waitress. ;-)
I do not give legal advice, but I do try to help.

Thanks for asking the waitress!