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Employer taking out more than percentage agreed upon

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amb63079@gmail.

Junior Member
My employer owns two small mom and pop Greek restaurants in Las Vegas and I know it's a right to work state but I also know we have rights, I agreed reluctantly to pay out 5% of my tips when I took the job 5 weeks ago. I have been a server for 15 years now so I am familiar with the tip share process usually highest being 3% but this employer explained everyone makes tips, cooks, servers dishwashers etc.. So again I agreed until yesterday when he proceeded to threaten my tips . It was harmless I thought the comment was wierd until a couple of servers mentioned he took an extra half percent out of our tips which we only get one a week. We have to turn our tips in every night. But he took the half percent because his numbers didn't add up and he said it was due to servers performance. Then if you question him he says if you don't like it quit. Isn't this borderline extortion?
 


FarmerJ

Senior Member
Instead of going through all the hassle of proving or getting proof for what you think could be a claim I suggest you take him up on his suggestion and resign since you have 15 yrs of server experience you should not have a problem finding another place to work that doesn't do that sort of thing.
 

PayrollHRGuy

Senior Member
My employer owns two small mom and pop Greek restaurants in Las Vegas and I know it's a right to work state but I also know we have rights, I agreed reluctantly to pay out 5% of my tips when I took the job 5 weeks ago. I have been a server for 15 years now so I am familiar with the tip share process usually highest being 3% but this employer explained everyone makes tips, cooks, servers dishwashers etc.. So again I agreed until yesterday when he proceeded to threaten my tips . It was harmless I thought the comment was wierd until a couple of servers mentioned he took an extra half percent out of our tips which we only get one a week. We have to turn our tips in every night. But he took the half percent because his numbers didn't add up and he said it was due to servers performance. Then if you question him he says if you don't like it quit. Isn't this borderline extortion?

It isn't extortion but it is a violation of wage and hour law. I have to agree with FarmerJ though with 15 years experience I'd simply look for another job, especially in Las Vegas where there are plenty of server positions.
 

FlyingRon

Senior Member
Frankly, while I agree looking for a better job wouldn't be a bad idea, there's no reason NOT to file a wage complaint. It might get you a few bucks back.
 

Zigner

Senior Member, Non-Attorney
I wonder how quickly word gets around in that town. Is it worth a few bucks to possibly be blacklisted in some way?

(Just something to ponder)
 

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