r/antiwork Aug 17 '22 Vibing 1 Bravo Grande! 1 Yas Queen 1 Lawyer Up 1 I am disappoint 1 I'll Drink to That 1 Wholesome 16 Silver 25 Helpful 12 Take My Energy 1 Take My Power 1

I’m probably going to be fired for this… but I don’t care

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117.0k Upvotes

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u/Moonknightx53 Aug 17 '22

I’m pretty sure that the boss or manager taking employee tips is illegal.

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u/Screwbles Aug 17 '22

Sure is. In America at least. This is totally reportable to the department of labor.

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u/Moonknightx53 Aug 17 '22

OP should do it then!

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u/orange-jellybean Aug 17 '22

I worked at a place that stole our tips and trying to report it was a maze of deadend numbers and “I don’t understand what you mean”. Such bullshit.

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u/HereToHelp9001 Aug 17 '22

Also tried to report it to the DOL when franchise owner of dunkin donuts kept all our tips for months.

DOL told me I needed to know the exact amount of tips it was, as if the manager would have allowed me to count the tip jar every night.

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u/buttsmcfatts Aug 17 '22

I have tried to tell people on this sub that the DOL doesn't give a shit about anything for years. People usually don't listen.

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u/AdministrativeFee153 Aug 18 '22

Same with osha. Just because something is illegal doesn’t mean you can just “report it” and something will be done. People in this sub have a weird amount of faith in the system they claim to hate

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u/IamreallynotaNPC Aug 19 '22

That's because OSHA and DOL exist outside of the capitalistic system and they are there to help the workers (face value anyway). Just because they hate the business doesn't mean they should also hate, or not use, the safety nets we should have.

I totally agree with you though, like 100%. Same with the government and police; people want them to handle everything but distrust the fuck out of them.

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u/KhalCharizard Aug 18 '22

Seriously— you need an attorney skilled in civil torts

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u/secondrat Aug 18 '22

Sure they do, you just need proof.

I filed a wage claim with the labor board in California and won. I received treble damages.

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u/challenger_RT_ Aug 18 '22

I've done it 2x in CA. 2 of my buddies went the route of labor board and won way less.

For example one job (5years ago) refused to pay OT, Sick pay, or give breaks. I worked there 3 months and my lawyer got me $7500 after his cut. My buddy stayed for 2.5 years went to the labor board and got $3.5k.

Mediation and the threat of trial made them payout more. Next one was the same story (same chain different owners) me and 3 other employees sued together. one worked there 8 years. Another 3. And another 2 as well as me 2. We got $140k our share.

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u/Serpardum Aug 17 '22

You just give an approximate number. It is up to your boss to refute it.

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u/thenewyorkgod Aug 17 '22

It amazes me how everyone thinks this is a slam dunk. Sure its illegal, will he get away with it? 99/100 times yes

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u/TotallyNotStan Aug 17 '22

I had a boss that used to do this shit. Someone did eventually report them and the tip stealing stopped. For that reason alone, it’s worth reporting imo.

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u/lebrilla Aug 17 '22

Local news will like this shit too. It’s low hanging investigative journalism.

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u/igonnalosemypassword Aug 17 '22

Have every impacted employee call the same news channel

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u/Electronic-Falcon-90 Aug 18 '22

Calling the same news channel is good. Calling all the news channels in the market and maybe the newspaper is better. More exposure=more pressure

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u/cumquistador6969 Aug 17 '22

Yeah but filing a complaint against them is free, and if you're getting fired anyway why the hell not.

Shit I'd just take the tips (sharing them with any other employees with a legal right to them) and tell him no tips came in, it's your property legally.

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u/SeniorCoolio Aug 17 '22

Would there be any legal problems with just taking the tips? It’s meant for the employee anyway and apparently there is a law against the employer taking them

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u/qwerty3221 Aug 17 '22

I don’t see why their would be. All I know is that the manager is supposed to record the total amount of tips per person, which since he’s stealing it for himself he’s already breaking the law. It could backfire if the manager tries to say you took it without reporting it, but then he’s just blatantly blame shifting to move the heat

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u/cumquistador6969 Aug 17 '22

IANAL, but legally it's YOUR property if you were tipped, per the FSLA, and there is not a legally recognized tip pool and you are a tipped employee. You can't steal from yourself so~

Of course, they could fire you, lie, etc, and just because it's the law doesn't mean it will be fairly adjudicated.

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u/BurglarOf10000Turds Aug 17 '22

I guess because most tips are credit card tips, so you depend on your boss to give them to you.

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u/Secret-Plant-1542 Aug 17 '22

Nah. It took one phone call to the dept of labor in my city. Told them I was being paid server wages while doing more bus-boy work. They never followed up, but I got a check for about a thousand dollars.

Two months later, the restaurant had to shut down to restructure their management team.

And a bunch of coworkers said they also received checks because of withheld wages.

I think dept of labor gets a hard-on for this stuff.

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u/weaselpoopcoffee1 Aug 17 '22

To anyone affected by this illegal employer behavior. Don't put up a sign. Report them to the DOL in your state. And I personally think that all high schools should teach kids about the law regarding this. A lot of people that young don't realize there are laws against this.

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u/seraph1337 Aug 17 '22

the education system of a country that exists to exploit its working class will never provide a good curriculum on the importance of labor laws.

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u/Halfwise2 Aug 17 '22 edited Aug 17 '22 Silver Helpful Wholesome

A boss cannot legally keep your tips. They cannot even claim the tips are for them, unless they directly and solely helped the customer who tipped at that exact instance. It's in violation of the FLSA. They are required to return your tips to you at each pay period.

Each violation is up to a $1,100 fine.

https://www.fisherphillips.com/news-insights/feds-broader-authority-monetary-penalties-tip-violations.html#:~:text=Civil%20Money%20Penalties%20and%20The%20FLSA%20Tip%20Provisions&text=Congress%20also%20amended%20the%20FLSA,when%20employers%20unlawfully%20keep%20tips.

In 2018, Congress amended the FLSA to add new statutory language which expressly prohibits employers from keeping employees’ tips “for any purposes,” even for employers who do not take a tip credit. This includes a prohibition against “managers or supervisors” from keeping tips. Congress also amended the FLSA to give the DOL discretion to impose civil money penalties of up to $1,100 when employers unlawfully keep tips.

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u/nugohs Aug 17 '22

Each violation is up to a $1,100 fine.

Ah so carefully document this over several weeks before reporting it then (assuming you don't have any for the previous instances already).

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u/Halfwise2 Aug 17 '22 edited Aug 17 '22

This is what happened to my fiance. We found out right at the end of her leaving her job that her boss had been stealing her tips for over a year. Weekly paychecks.

We hired a lawyer. Boss is looking at potentially $50,000 in civil penalties, for $4,000 in stolen tips.

We're lucky. Usually its a he said / she said situation. But we have detailed documentation of everything. Clients willing to testify. Lawyer is so confident that she gave us a "payment on contingency of winning" contract.

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u/gmanz33 Aug 17 '22

Would you mind laying out what the process of hiring a lawyer was for you? Even if it's as simple as "googled lawyer and walked there."

OP (and honestly this sub in general) don't seem to be the type to actually hire lawyers as much as the type to recommend and then move on. I only say this because OP is a regular poster and documented several things and is not taking this next step.

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u/Halfwise2 Aug 17 '22 Silver Gold Helpful Wholesome Take My Energy Eureka!

For us, it began with identifying the type of lawyer we needed. There are many kinds of lawyers out there, and you'll want to reach out to ones that specialize in the field you want to litigate.

We began looking around for nearby employment lawyers. Of course, everyone within a half hour of us was either accident lawyers or divorce lawyers.

So we looked at the nearest major hubs. Lots of employment lawyers there. Browsed each of their respective websites to make sure they dealt with these cases. A lot of them offer a free initial consultation. We picked one and sent a message to her with the general gist and some of our data on the case. She looked over the data and thought she could help, then scheduled a free initial consult.

We ended up doing a zoom meeting to avoid a drive. We talked about various things, asked her questions, and then she said she felt she could help us, and that our data was really in depth and well organized.

She offered to us the rate (in our case, contingency) and asked if we wanted to work with her. We really liked her, and she seemed knowlegeable, so we said yes. A few days later we received the contract. Read it over, signed it, and then had a lawyer.

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u/UpcycledDiva Aug 17 '22

Thank you. I showed your comment to a friend of mine and she told me to tell you, "THANK YOU!" Your comment was VERY helpful! 😍

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u/TychaBrahe Aug 17 '22

A few other things you can do.

  • Your state bar if you are in the US will have a list of recommended lawyers.

  • If you know anyone who is involved in litigation and happy with their lawyer you can ask them to ask their lawyer for recommendations, especially if their lawyer is young. A fresh lawyer, newly out of law school, will often have lots of friends who went into different fields.

  • Google for news stories about similar issues. If you find a story about a bar owner being fined for stealing tips, often the name of the lawyer is mentioned in the article, and you can contact them about your restaurant.

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u/[deleted] Aug 17 '22

[deleted]

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u/eveningtrain Aug 17 '22

Yes, I had a lawyer for a car accident case that was recommended by my friend who worked for their office for a while out of college (like filing and serving type stuff). If I ever needed a lawyer for a different type of case, I would call their office and ask for them to recommend me someone in the right field and area. They know all kinds of other lawyers around here, I think! If not personally, then by professional reputation.

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u/elleonyxdj Aug 17 '22

Another thing - look into Legal Insurance. It has saved my family thousands in lawyers fees over the years and can be a little tricky to navigate sometimes but definitely helps. Especially if you are self-employed or independent contractor.

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u/wittgenstein_luvs_u Aug 17 '22 edited Aug 26 '22 Gold

Attorney here, this advice is totally right, but I'd like to add a couple things:

If I was ever a client I would not bother to meet with a lawyer who charges a fee for an initial consult. It is acceptable to bill a client for the meeting once a retainer is signed (as in, the first bill may have a charge for the initial consultation) but it would be a huge red flag for me if the attorney insisted on a fee for a meeting where you both will decide whether to work together.

Also worth noting is the fact that a lawyer taking a case like this is called a plaintiffs lawyer (this includes people who practice personal injury, employment, and anything else where you are the person starting the lawsuit and your remedy if successful is money damages). So if you were to look for someone near you you'd want to type in "plaintiffs lawyer [city] [type of legal problem]" (ex. plaintiffs lawyer San Francisco personal injury or plaintiffs lawyer SF car accident). The agreement for this type of attorney to work on a "contingent fee" by billing a portion out of what they will recover is customary. It is not unheard of for a client to be responsible for upfront costs like obtaining a doctor's evaluation.

It would be another red flag for a plaintiffs attorney to charge a fee to the client. i would assume that a plaintiffs attorney charging you an up front fee is either 1. bad/unsuccessful and in need of money or 2. a sign that the lawyer themself does not believe you are likely to recover anything substantial. If you keep getting told that an upfront fee is required you may need to accept that you have a case that may recover less than you expect

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u/[deleted] Aug 17 '22

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u/TimeLordIsaac Aug 17 '22

Yeah don't necessarily call with that expectation but lawyers, like doctors, are usually able to give referrals to other lawyers who are more specialized for a given case. That's how I got my lawyer for my civil suit of personal injury and he apparently has to pay 1/4 of his portion of the winnings to the firm that referred him

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u/Sailor_in_exile Aug 17 '22

Each employee has the right to sue and recover not only their tips, but the $1,100 per violation civil penalty. Case law on this is that if an employer does not exactingly document how the money is handled and paid, they de facto violated. Then the court uses a standard most beneficial to the employee to calculate the withheld tips.

Through the Act, Congress amended Section 3(m) of the FLSA (29 U.S.C. § 203(m)) to expressly prohibit employers, managers, and supervisors from keeping any portion of tips received by employees for any purpose, regardless of whether the employer takes a tip credit. The Act further amends Section 16 of the FLSA (29 U.S.C. § 216) by (1) creating a private right of action against employers that unlawfully retain employee tips, and (2) expanding the scope of remedies available to aggrieved employees.

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u/KTeacherWhat Aug 17 '22

My god I wish I knew this when I was 19.

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u/FoolRegnant Aug 17 '22

Even though this specific one is new, we badly need stronger civic and labor rights education in high school.

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u/kittyportals2 Aug 17 '22

My nephew sued the place he worked for this when he was 17. They had to pay him over 1500.00. No one else wanted to do it. The boss also had to pay his attorney fees.

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u/CosmicLightning Aug 17 '22

So technically I could get a subway manager fired as I specifically gave $5 to one employee. Then found out later he pulled it out and told her it had to go in the pull for every one to get a fair amt of tips? Specifically when I know he wasn't doing his damn job?

Just curious

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u/BigBOFH Aug 17 '22

Tip pooling is legal, but managers aren't allowed to be in the pool. So it's okay for them to redistribute amongst employees but they can't take any of it.

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u/CosmicLightning Aug 17 '22

Apparently he took it. I dunno but I will let the person know.

But also he shouldn't reach into that person's pocket & take money I gave her specifically even if it's the manager.

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u/FrustratingBears Aug 17 '22

I work for a certain well-known coffee shop and I was told we can keep personal tips if they are given to us in a sealed envelope with our name on it (and maybe a card/note inside)

we’ve had this happen before for someone who went above and beyond to get a customer their credit card back after leaving it at our store from out of state

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u/Halfwise2 Aug 17 '22

Not a lawyer, but to have a tip pool, employees have to sign something acknowledging there is a tip pool, how much of a tip goes to it, and how the tip pool will be divided. And I think there is a restriction on how much, if any, can go to the supervisor/manager.

You might not get the manager fired, but you could potentially open them up to litigation if they mishandle the tips... which could cause Subway to fire them to avoid liability... But as I said... not a lawyer. Just dealing with this shit in our own household atm.

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u/cumquistador6969 Aug 17 '22

Yeah none can go to management or the business, is the restriction, otherwise it's theft.

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u/JollyJoker3 Aug 17 '22

Does sound like a placeholder number they put in before a real decision was made

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u/Anthrax4breakfast Aug 17 '22

This local place I go to, the cashier had a note in her palm that said, “don’t tip, owner steals.” That’s some sad ahit

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u/CheekyLass99 Aug 17 '22

There was a restaurant I used to go to as well that did this. It's so f'd up. The workers were mostly immigrants.

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u/Most_Ad_5597 Aug 17 '22

Hm. Sounds like a place I worked at.

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u/UncannyTarotSpread Aug 17 '22

Sounds like most restaurants, tbh

Theft in the front, coke in the back

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u/pennynotrcutt Aug 17 '22

Mmmmmm. Coke and kitchen staff go together like cigarettes and kitchen staff.

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u/Lovely_Individual Aug 17 '22

And alcoholism and kitchen staff

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u/MICKEY-MOUSES-DICK Aug 17 '22

And sex with co-worker and kitchen staff

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u/Lucius-Halthier Aug 17 '22 Wholesome

Guys please stop attacking me and my kitchen staff friends

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u/Wang_Fister Aug 17 '22 hehehehe

What are you doing, step-kitchenbro?!!

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u/atWorkWoops Aug 17 '22

The new hostess was stuck

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u/Pgoreman Aug 17 '22

Can confirm. You can have a decent coke habit on tips. At least you could in the earlier 2010s...

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u/1spicytunaroll Aug 17 '22 edited Aug 17 '22

And whiskey and kitchen staff

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u/megamanTV Aug 17 '22

Like pot and kitchen staff.

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u/AJ7999 Aug 17 '22

Kitchen staff, are you okay?

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u/Bruised_up_whitebelt Aug 17 '22

I'm retired from that life but I can confidently say that they are not alright.

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u/BregoB55 Aug 17 '22

Also retired and yup, they weren't alright back then and certainly aren't today since most of the restaurants they worked in closed in the last two years, including my old one.

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u/Frogomatik Aug 17 '22

No, we are definitely not

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u/EndofGods Aug 17 '22

I have never known any kitchen staff that can afford coke.

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u/Aldo_the_nazi_hunter Aug 17 '22

We can't afford it but in some ways it's finds the way to the kitchen

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u/PM_Me_TiddiesAndBeer Aug 17 '22

It's called pooling money and teamwork.

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u/andyrew21345 Aug 17 '22

It’s called getting the FOH to pay for it lol

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u/tinaxbelcher Aug 17 '22

I worked at a joint where the GM was coked out all the time. We offer pickles as a snack to patrons. Some how he " spilled" some coke into the pickle jar but continued to serve it to customers, after offering it to every staff member. I have some crazy stories from that hell hole.

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u/HereForTheQueso2 Aug 17 '22

I’m listening……..

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u/tinaxbelcher Aug 17 '22

So one time when I was hosting a drunk asshat told me I was hot and he was going to drug me, kidnap me, tie me up in his basement and have his way with me. He said this in earshot of the GM. They both laughed. I said that's not funny. Pulled GM aside and told him I was upset he didn't stand up for me. He told me to suck it up cuz the guy was imvolved in the mob and spent a lot of cash there. So this guy could actually kidnap me, assault me and dispose of my corpse if he really wanted to. That did not make me feel safe at all. I quit a week later. Well actually I was planning to but I got fired for dismissing the owner's advances. A few months later the restaurant shut down because the owner SAed a female server and then was caught embezzling from the restaurant. Everyone was drunk or coked up during the whole shift. I partook during Saturday brunch cuz the other owner was actually really cool and the sketchy owner never came in at that time. That was my final restaurant job. Never again.

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u/Pi6 Aug 17 '22

HOLY SHIT I FUCKING LOVE THESE PICKLES WHY IS MY MOUTH NUMB

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u/_i_just_blue_myself Aug 17 '22

I watched a server OD on heroin once as I was walking in for my boh shift...

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u/PeanutButterSoda Aug 17 '22

This is exactly how it is at Vietnamese restaurants near me. Growing up my mom told me to never tip at certain restaurants, I didn't understand why, I thought she was being a dick. She finally told me years ago all the tips goes to the owners.

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u/Chucolate915 Aug 17 '22

why even patronize that business?

When I lived in the midwest, there was a Chinese restaurant that employed a lot of Hispanic immigrants, mostly illegal. Me and my boys (All Hispanic) made sure we always tipped the workers well. We befriended the workers there and we later found out owner kept the tips and many times he would not pay them because he knew there was nothing they could do to them. He also sexually harassed the females. No way in hell I was going to sit there and do nothing, much less keep patronizing that business. I was involved with LULAC (Latin American Civil Rights organization) and brought it up, they brought hell down to the owner. Some of the female staff were able to get permanent residency due to the sexual harassment/assault they experienced and the rest of the workers were found jobs.

Also note, it's sad that it's usually Immigrants exploiting other immigrants.

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u/CheekyLass99 Aug 17 '22

And this place was a Vietnamese restaurant, so this tracks.

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u/V0RT3XXX Aug 17 '22

Yep super common for Vietnamese restaurants. I think they have 2 types of employee compensations. One type where the waiters get $3/hr and keep the tips. The other is they're paid a regular salaries ($12-15/hr around me) and don't keep the tips. Just depends on the restaurant, one scheme might be better than the others for the wait staff

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u/Candycoatedillusion Aug 17 '22

This was a place I worked at as well - the owner's reasoning? He pays for their rent and utilities...but crams 8 people in a three bedroom house.

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u/CheekyLass99 Aug 17 '22

Sounds like human trafficking to me.

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u/maybe_little_pinch Aug 17 '22

It either flat out is or might as well be.

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u/ShowerTimeSadness Aug 17 '22

This happened to my favorite Chinese buffet recently. Apparently the owner was stealing all the waitresses’ tips. I felt awful because I always tried to tip this one lady very generously, she’d always serve us if she saw us come in and was incredibly sweet. I hope she’s doing ok now

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u/ricierice Aug 17 '22

That’s what’s happening at a different hotel we share j-visa workers with. A housekeeper came to help out at my hotel when someone called in sick and was telling me his boss takes all his tips, I made sure all of the tips I found that day went to him.

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u/The_R4ke Aug 17 '22

Oh man, they weren't tipped, but the immigrants I worked with at the American Airlines Admiral's Club were definitely taken advantage of.

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u/tfresca Aug 17 '22

That's some hostage shit

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u/gcruzatto Aug 17 '22

Is it better to tip in cash to avoid this BS?

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u/RandomRedditReader Aug 17 '22

Yep I usually ask the server if the place pools their tips and if they do I secretly tip them in cash.

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u/everlyafterhappy Aug 17 '22

Report them. I'm sure your state labor board would like to know about it, as would the IRS.

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u/ipsum629 Aug 17 '22

I know it is illegal in my state for bosses to steal tips.

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u/zodar Aug 17 '22

It's illegal in every state. It's against federal law.

an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools;

https://www.dol.gov/agencies/whd/flsa/tips

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u/Disingenuouslyhonest Aug 17 '22

I worked at a place like this so I always ask the cashiers at restaurants if they get to keep their tips. I remember the owners mom and friends would secretly come in as customers and tattle on anyone who explained that they were stealing tips. I still hate them all.

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u/CanWeTalkEth Aug 17 '22

There's a special place in hell for people like that. There's secret shopping to provide constructive feedback, and there's that bullshit.

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u/figpetus Aug 17 '22

Why would you continue to use the place?

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u/Anthrax4breakfast Aug 17 '22

I haven’t since that day

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u/ronin1066 Aug 17 '22

I really really really don't understand how hard it is to anonymously report these people. Not that that automatically stops the problem, but it seems like there's so many people in here terrified of losing their job, which I get. So just do it anonymously.

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u/orange-jellybean Aug 17 '22

I worked at a place that stole our tips and trying to report it was a maze of deadend numbers and “I don’t understand what you mean”. Such bullshit.

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u/Diazmet Aug 17 '22

I just go straight to the IRS, stealing from employees is stealing from the IRS and they don’t fuck around

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u/Budget_Pop9600 Aug 17 '22

I hate how this is probably the right answer. The city might not care if you have to lick dirt off peoples shoes for a living, but you can count on the IRS to be there if you do make any money

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u/thealmightyzfactor here for the memes Aug 17 '22

There's literally a section for illegal income - they don't care if you break the law, just that you paid taxes on it lol

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u/Tift Aug 17 '22 edited Aug 17 '22

They got Al Capone on tax evasion.

Intriguingly, there was a period in the 1920's where it was thought that since paying taxes on illegal income would be in essence self incrimination, you where protected from being compelled to do so based on the 5th amendment. This was later overturned by the supreme court saying that they saw no reason that their should be a differentiation in paying taxes for illegal or legal business.

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u/thealmightyzfactor here for the memes Aug 17 '22

The ruling is that you have to pay the taxes (and thus declare you got illegal income), but you don't have to say how you got it (and incriminate yourself by saying what crimes you did).

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u/br0ck Aug 17 '22

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u/-1KingKRool- Aug 17 '22

Not really relevant to the shit-hole locations most likely, it requires the IRS recover $2m plus from the organization that was reported to be paid.

Still something to report to the state or federal Department of Labor though.

Pretty sure you don’t even have to work there, so if you know they’re doing it at a place, report them.

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u/lemonchicken91 Aug 17 '22

they just closed a beloved local restaurant in Houston because they were stealing tips for years. They do NOT play about wage theft.

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u/sergei1980 Aug 17 '22

A lot of shitty places intentionally hire undocumented immigrants so they can exploit them. It can be hard to tell, plus there isn't much that can be done.

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u/Mypornnameis_ Aug 17 '22

There's a bath bomb company that sells to big nationwide stores and packages everything in cutesy family business packaging. They hire almost exclusively undocumented immigrants and call them independent contractors to dodge taxes and don't provide any safety equipment and fire people as soon as they get hurt or develop serious dermatitis.

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u/FuzzyWuzzyDidntCare Aug 17 '22

Rhymes with???

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u/Mypornnameis_ Aug 17 '22

Totally unrelated, here's a fun feel-good article about teenage entrepreneurs launching a $20 million dollar a year family friendly business making bath bombs. It's neat how they don't really talk about what influence their experienced management consultant father might have had on shaping the direction of the business.

https://www.forbes.com/sites/alexandrasternlicht/2020/02/21/these-teen-sisters-cooked-bath-bombs-in-their-kitchen-now-its-a-20-million-plus-per-year-business/

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u/kjtstl Aug 17 '22

My guess is that it may be hard to prove.

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u/ronin1066 Aug 17 '22

Probably. IF the investigators come in, (a big if) I would hope they interview people away from the boss. Plus, at that point, any retaliatory firing should be obvious.

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u/[deleted] Aug 17 '22

Sometimes the only way to be heard, is to risk the whole operation. Yeah, the could try and report it anonymously, but if they don’t have a great HR rep or whatever the case may be, they won’t listen anyway. Sometimes it’s best to start with public humiliation.

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u/not_ya_wify Aug 17 '22

Why not tip in cash directly to her

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u/screw_ball69 Aug 17 '22

If the boss notices they will probably try to spin it as stealing

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u/not_ya_wify Aug 17 '22

"You stole the money that I was planning to steal from you!"

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u/_your_land_lord_ Aug 17 '22

This guy gets it. Preventing theft is theft.

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u/skyxsteel Aug 17 '22 edited Aug 17 '22

Wasn’t there a waitress who got a $1000 tip in cash and got fired for that exact spin?

Update: The waitress was given $4400 in tips to be split by another waitress. The owner then took the tip saying they were going to split it between everyone (apparently they have a tip share policy) and the waitress will get 20% of the tip.

The tipper demanded it back, then gave it to her outside the restaurant. She was still fired.

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u/AlexG2490 Aug 17 '22

The tipper demanded it back, then gave it to her outside the restaurant. She was still fired.

If I were the kind of person who had the money to drop $4400 on a tip, I like to think I am also the kind of person who would buy a restaurant just to fire a shitty asshole manager.

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u/JustinPA Aug 17 '22

Just open a spite store next door.

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u/kindnesshasnocost Aug 17 '22

There's fuck you money, and fuck with you money.

One reason (one, though. there are about a dozen others lol) I'm not a billionaire is that I would just travel the world fucking with assholes and instantly become broke.

But in the mean time, I'd have a lot of fun fucking people up who otherwise bullied others and used their power to keep other people down.

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u/screw_ball69 Aug 17 '22

Wouldn't shock me

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u/Anthrax4breakfast Aug 17 '22

There is a camera directly above the counter

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u/not_ya_wify Aug 17 '22

Well this is just dystopian

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u/nautilator44 Aug 17 '22

Has been for a looooong time.

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u/parcelpimp Aug 17 '22

Maybe cashiers should start wearing buttons with their Venmo written on it, or have a little built-in RFID chip for NFC payments.

Sure, some managers would figure it out, but most are delightfully ignorant.

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u/First_Ad3399 Aug 17 '22

or we could just stop tipping employees who are not on tipped wages and make employers pay them enough to keep them working.

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u/DUKE_LEETO_2 Aug 17 '22

Yeah, last time and only recent time I tipped at a takeout place was $5 because I came in 3 minutes before closing and didnt have many other options. I recognized that, that sucked for them, and they're going above and beyond. But I'm not tipping for McDonald's or Chipotle, or Panera, or if I pick up Pizza.

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u/Kendog75 Aug 17 '22

Call the labor board.

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u/umassmza Aug 17 '22 All-Seeing Upvote

Even better, call your local DOL and report it. That’s illegal.

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u/CainRedfield Aug 17 '22 edited Aug 17 '22

It depends where. I worked at a place like this as a teenager, and I thought for sure it had to be illegal, but when I checked local law, it was in fact legal.

EDIT: To clarify, this was not in America.

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u/ManeSix1993 Aug 17 '22

Federal law supersedes local law. Federally, it's illegal for managers or bosses to take tips from workers.

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u/carrotv Aug 17 '22

when this person was a teenager that federal law was probably not there yet considering that was only made effective march 2021

https://www.federalregister.gov/documents/2020/12/30/2020-28555/tip-regulations-under-the-fair-labor-standards-act-flsa

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u/BrokenDamnedWeld Aug 17 '22

Report your boss. “The Fair Labor Standards Act (FLSA) to expressly prohibit employers, including managers and supervisors, from keeping employees’ tips.” https://www.dol.gov/agencies/whd/flsa/tips -I am apologizing in advance if this act does not apply to you in another country.

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u/Con4ndo20 Aug 17 '22

Seriously, this. Call the DOL while you're at work. Make uncomfortable eye contact with your boss while you do it.

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u/hates_stupid_people Aug 17 '22 edited Aug 17 '22

In some places they can temporarily take it for things like a common tipping pool that gets redistributed.

But it is explicitly forbidden by law for them to keep/use tips for themselves or the company.

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u/dcheesi Aug 17 '22

Even the common pool can be illegal, depending on pay rates. IIRC if the tipped workers are paid the "tipped minimum" or anything below standar minimum wage, then employers can't pool their tips to pay out the back of the house. A popular local restaurant where I used to live almost went bankrupt over this, as a bunch of former workers sued for years of back tips all at once.

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u/FUCKINHATEGOATS Aug 17 '22

What about a situation where waiters are making 2.15, the host is making 2.15, and the bus boys are making 2.15. And the bus boys and host get a portion of the waiters tips

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u/SpaceChimera Aug 17 '22

Believe that's completely legal then as you're all technically making tip wages

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u/KingJoffeJ Aug 17 '22

I had no idea Amy’s Baking Company was back in business.

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u/Howdy_Dog Aug 17 '22

“I am the gangster, not you”

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u/APulsarAteMyLunch Aug 17 '22

"Meow meow meow 😽"

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u/EatTheMcDucks Aug 17 '22

I went to Quiznos for the first time in years and they had a sign out saying the same thing. There was only one person there. I, being an idiot, said "seriously? Thats bullshit and illegal". She asked "what are you talking about" and looked right at the security camera. Ooooh. Oops.

Edit: before anyone asks, it was on the side of the tip jar and positioned so the camera couldn't see it.

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u/TycheSong Aug 17 '22

Damn! I wonder if the DOL could be called on her behalf. :(

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u/PistachioNSFW Aug 17 '22

Where were you that the security camera had audio recording?

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u/SpicyGoop Aug 17 '22

They didn’t necessarily have to have audio, it could’ve very very easily been that the employee didn’t know if it had audio or not, and was paranoid of being caught

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u/ChipRockets Aug 17 '22

I’d imagine the vent diagram of managers who spy on their staff and managers who steal tips is a circle.

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u/zalloy Aug 17 '22

I worked at a dry cleaner years ago where they pulled this kind of nonsense. They had a tip jar that was supposed to be split up every day among those who were working, but it never worked out that way. They'd either say there wasn't enough to split, or they'd use it to balance the till. Most of us got to the point where we just started pocketing our own tips so we actually got the tips meant for us.

Nobody said anything about it until the time I had a customer with a special rush job, who tipped me very generously. The others got upset because I refused to split the tip with them because they hadn't done any of the work on that customer's job, so I felt like they didn't deserve part of the tip either.

A couple of weeks later, I was laid off. Of course, the company tried to contest my unemployment and made up a bunch of stuff trying to claim that they fired me for cause. I was able to prove them wrong, I had the receipts. They got caught in a bunch of lies in front of DoL and had to pay a lot of fines, as well as my unemployment.

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u/Sheeesssh59 Aug 17 '22

Legend, may your enemies fall O Lord.

Despicable people

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u/mkbcaptain Aug 17 '22

Pizza place in Sneads Ferry, NC, Michelangelo’s, does the exact same thing. They don’t accept cash tips, and if you tip with your card it goes to the owner.

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u/Cherry_P0pper Aug 17 '22

He takes our cash tips too… threatens to fire us if he catches us with cash

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u/bluemooncalhoun Aug 17 '22

This is very illegal and you can report him, and you may even get back some of the tip money that was taken from you.

If you're worried about retaliation, try and gather as much evidence as possible so he can be penalized for that as well. Worst case scenario, you end up at a new job where the owner isn't awful.

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u/GrannyNugs Aug 17 '22

Report him. This is illegal.

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u/Drone30389 Aug 17 '22

Catches you with cash? What does he do, look in your pockets?

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u/Cherry_P0pper Aug 17 '22

He checks our wallets and pockets each shift

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u/fiealthyCulture Aug 17 '22

Wtf no way never in your life let any one search your person and if they touch you without your permission you hit back wit self defense then call the cops. This is insane.

Younger work force really needs to learn their rights. Just because they say "well every one does it then you can go home" doesn't mean every one is ok with it. Talk to all your coworkers and agree that none of you will permit it again then see what happens

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u/unclejoe1917 Aug 17 '22

This is where union protection is vital to the workforce. Young kids learn early on that this kind of treatment is okay, so they continue to put up with this shit as they normalize it over time.

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u/Photodan24 Aug 17 '22

Get out of there as fast as possible. Then report him.

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u/dc22zombie Aug 17 '22

One up that, report to local news.

Then sit back and enjoy the front row seat to the fireworks show.

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u/b0w3n SocDem Aug 17 '22

Make sure to report it to the Department of Labor first, so OP can actually get their back pay, then report it to the news and collapse that scumbag's entire business via public shame.

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u/unclejoe1917 Aug 17 '22

Yeah, this is super fucked up. Who the hell does this asshole think he is? The news definitely should look into this as well as the DOL. Meanwhile, look for a new job.

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u/MrFittsworth Aug 17 '22

Fuck that, report him. Make him fire you, then sue for retaliation.

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u/Flying_banana69 Aug 17 '22

Thats insane and probably very illegal.

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u/The_WandererHFY Aug 17 '22

No "possibly" about it, it's (in the US) a violation of federal labor law.

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u/Drone30389 Aug 17 '22

Wut. The. F.

You guys need to record this stuff. This is insane. Actually, talk to attorneys.

Find other jobs but don't let this tyrant off the hook.

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u/[deleted] Aug 17 '22

He can't be paying you well enough to stay there. It isn't hard to get another service job.

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u/Ceecee_soup Aug 17 '22

Why haven’t you reported him to the DOL? Or quit? Why would you put up with this?

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u/EggplantIll4927 Aug 17 '22

Wtf? Please sweetie, tell us why you are there and allow yourself to be abused this way. And trust me, no manager is checking my purse or my person for anything ever. 🤬

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u/robywar Aug 17 '22

I no longer believe this post is real, but if so and you have not called the cops you're an idiot.

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u/justinsayin Aug 17 '22

i_dont_believe_you.gif

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u/obeyyourbrain Aug 17 '22 edited Aug 17 '22

What the FUCK? Go get this asshole.

Edit better yet fuck them up permanently. Boss touching your pockets while you're wearing your pants? He/ she's feeling you up. Make a sexual predator out of them.

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u/weaselpoopcoffee1 Aug 17 '22

That doesn't even sound legal.

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u/ccafferata473 Aug 17 '22

Call the cops and make them check his wallet.

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u/generaltsao Aug 17 '22

dude you can speak to a lawyer for free, explain this, and the lawyer will do all this work for you and give you money when you win this case.

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u/eorb Aug 17 '22

Do you know if the owner operates the other Michaelangelo’s restaurants in the area? Never been to the Snead’s Ferry one but I have been to the one in Surf City and I do not want to go back if this is the way their employees are treated.

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u/IamreallynotaNPC Aug 17 '22 edited Aug 17 '22

It's the same asshole that wrote her up for posting that her payroll check bounced for the 3rd time and made the company look bad (no business name was posted but pieces of shit got to stalk) and calls her slurs pertaining to her autism.

Report him if you haven't. You've done well with sticking out it, but you should never be stolen from by anyone let alone a boss, who maliciously exploits.

Edit: Grammar edits.

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u/Itchybawlz23-2 Aug 17 '22

Sad shit too that the owner will probably take his anger out on cashier for saying shit

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u/Servixx Aug 17 '22

This is why I started asking places before I tip.

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u/Sabiis Aug 17 '22

Honestly ever since COVID I feel like anywhere you go the checkout menu always asks for tips now. I tend to do a tip just because I feel the workers could use the extra money, but I've often wondered if that actually goes to them. If I knew the tip went to just the managers or owners I def wouldn't do it (except at food trucks because they are real OGs).

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u/reviving_ophelia88 Aug 17 '22

This is 100% illegal in all 50 states. You need to report them to the department of labor for it.

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u/Jazzlike-Mission-172 Aug 17 '22

I work at a valet company for side money and we keep 100% of our tips. One day after leaving a shift, I went to a restaurant with some coworkers for lunch. I pulled into the parking lot and saw it was valet only. I asked the guy how much it was to park and he told me just tip whatever I want. So I told him I do valet too and he asked how much we got paid. I told him our hourly rate and then informed him that we get the most money from tips. He told me our hourly rate was the same but the owner keeps the tips. I am getting so sick of these greedy, lying, cheating, stealing business owners getting away with this nonsense and then having the audacity to say "No OnE WaNtS tO WoRk!"

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u/Dannysmartful Aug 17 '22

File a complaint to the EEOC

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u/IamreallynotaNPC Aug 17 '22

Ahahahahahah fuck him.

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u/moldavitepixels Aug 17 '22

That’s not legal! What the…

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u/NoMoreMonkeyBrain Aug 17 '22

Reminder to everyone that when you're tipping, it is super ok to ask your server or cashier who gets the money and if they get all of it.

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u/The1Bonesaw Aug 17 '22 edited Aug 17 '22

It's wage theft, made worse if they're getting paid below minimum wage. Depending on the state, the staff should notify either their state's Department of Labor or Department of Commerce. Employers are required to pay federal minimum wage or - if higher - their state's minimum wage. If he's taking their tips AND paying below minimum wage, the owner is committing a serious crime.

If your claim is valid, your state will get the owner to pay you what is owed. If he's already stealing from you, there's not much to lose by filing a claim... if he retaliates and fires you, 1) you aren't losing much being fired from a job where you are being underpaid and, 2) you may be able to sue him for the retaliation. However, if you're an illegal immigrant, yeah... there's not much you can do and the owner knows it.

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u/Shinyphotos Aug 17 '22

This kind of tomfoolery has become so rampant that I’ve taken to asking how tips are distributed prior to tipping. Like if they’re pooled then I tip once generously but if they’re individual I make sure each person that helped me is tipped. It’s amazing to me how few people understand that tips are part of income.

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u/No_Wolverine1608 Aug 17 '22

Might as well name the business and the town. Fuck em!

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u/Azura13 Aug 17 '22

This is illegal. Employees who earn tips are entitled to keep theirs unless their employer has an established “tip pool”. Tip pooling is when all tipped employees contribute some portion of their tips into a pool.

That pool is then divided evenly among a group of employees. If your employer does not have an established tip pool, then your company may have violated both state and federal wage theft laws if your tips are being stolen by your boss.

OP, gather evidence and submit a complaint to the WHD of the US department of Labor.

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u/benitosblade Aug 17 '22

I have met many bartenders, waiters, and hairstylist who have told me that when writing out a tip it goes directly to the owner and is never seen and received. I try to have cash on hand to make sure they get their tip. It's to the point I think 3/4 of businesses do this when a customer is faced to leave a digital tip amount.

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u/Villordsutch Aug 17 '22

Youngest daughter recently left her bar manager job as her boss weekly took hundreds in staff tips and told them there was nothing. The final straw came when when she brought in a "staff now need to pay for break drinks and food" rule and made it retroactive. They lost near two weeks pay instantly. She quit.

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u/Cherry_P0pper 27d ago

For anyone wondering there is an update: I got fired today for unrelated reasons :) I was about to turn in my two weeks because I start a new job tomorrow so fuck Java Surf Cafe and Espresso bar in Virginia Beach Virginia

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