Employer dipping into our tips

[juliedealers]

What is the name of your state?What is the name of your state? Indiana

I work at a casino as a dealer, my income is primarily the tips I receive from players. All tips are pooled for a payroll period and are disbursed to each dealer based on hours worked. The tip fund runs between 5 and 6 million dollars a year.

THe tips paid to each dealer are a function of two things; tips collected and dealer hours. The tips are counted each night by several dealers in the presence of a security guard and surveilance. The hours worked information is prepared by the company. Payroll is prepared by the company. In the past year it has come to the attention of the dealers that people doing work not related to dealing are being paid out of our tip fund. The company is reluctant (refuses) to allow us to review detailed information concerning the hours worked, they simply say, it's right, just trust us.

Another casino, the Majestic Star here in Indiana, recently had a class action suit concerning the same types of problems (improper use of the dealers tip fund). Where can I read the outcome of their class action suit?

Are their any state or federal authorities that may be of help ?

julie

 

[rmet4nzkx]

The IRS

 

[juliedealers]

rmet,

Why would the IRS be interested? As I see it they would actually be reducing an expense, and would not be evading taxes.

 

[rmet4nzkx]

The IRS is interested in your income, including tips, tips are usually in cash and very easy for a portion to dissapear. You want to get your fair share, right? An IRS audit may cause that to happen, give them a call, make an annonymous tip.

 

[juliedealers]

rmet,

The income has not disappeared, it shows up on somebodies elses paycheck; and my pay check is less!

the counting of the "cash tips" is highly regulated (incidently they are not "cash" they are in the form of casino cheques: no dealer may accept cash). A dealer is required to place their tips in a locked tip box, they don't just put them in their pocket. As I stated, 2 to 3 dealers, along with at least one security person and while we are under surveilence camers collect and count the tips. There is absolutely no question about the amount of tips collected.

What is in question is the "dealer hours". Since my "tip pay" is a function of two thing; tips collected and dealer hours and I know the tips collected are correct down to the penny and can be verified by a surveilence tape. The only thing that needs to be proved is the dealers hours.

My company is refusing to "prove" the dealers hours. We as dealers are required to prove the tips collected beyond any doubt, yet my emplyer is not required to prove that the hours worked.

Before I worked as a dealer I worked in accounting, payroll preparation and tax preparation. The information the company does provide would not survive an audit.

 

[cbg]

I would suggest the state DOL as opposed to the IRS. They are the ones charged with regulating employee wage issues.