Restaurant stealing gratuity

[cheeseball]

What is the name of your state? NC


For the last two years I have worked at a restaurant that serves breakfast and lunch during the day, and on weekends closes to faciltate and cater wedding receptions. We are not classified as a catering company, only a restaurant. These wedding receptions cost a minimum of $10,000, which the owner of this restaurant charges 18% gratuity and keeps every penny of it. He pays us a low salary wage (but over minimum) and understaffs us. I was told that if a business is classified as a restaurant, it is illegal to not disburse gratuity among the staff doing the serving. I just wanted to get some advice as to if this is really true. If it's not, I'd appreciate no comments on how I should just quit and stop bitching.

 

[BelizeBreeze]

O.K. I won't tell you to just quit and stop bitching.

Now, where are those nude photos

 

[cbg]

Cheeseball, I have no restaurant experience and limited experience with gratuities. But your state DOL will be able to answer your question.

919-733-0360

 

[cheeseball]

That's the thing

The Better Business Bureau told me that they contacted the Department of Labor and that it WAS illegal.

When I contacted the DOL the lady sounded pissed to be at work, barely listened, and told me it wasn't illegal before I had even finished explaining the situation.


That's why I'm here asking.

 

[BelizeBreeze]

And why do you think I told you I wouldn't tell you to quit bitching and look for a job?

ONLY because you said you didn't want to hear it. NOT because that's the ONLY thing you can do.

Geeez, I thought you were in college

 

[Beth3]

When I contacted the DOL the lady sounded pissed to be at work, barely listened, and told me it wasn't illegal before I had even finished explaining the situation. Okay, so you talked to someone who was having a bad day. If I was a State gov't employee working for the DOL, every day would be a bad day.

Call them back again and ask. It's quite likely you'll get someone different on the phone.

 

[cbg]

I went through everything I could find in the NC Labor laws regarding the payment of tipped employees and could not find anything that made this practice illegal. I'm not definitely saying it isn't there, but if it is, it's NOT in the section regarding payment of tipped employees.

As far as I can tell, as long as you are being paid minimum wage or more, your employer is in compliance with the law.

But if you are not satisfied (and I'm not saying that you should be - if you are getting conflicting information it's better to be sure) then I would say call the DOL again. If you get the same person, or if the person you get is also non-responsive, then ask to speak to a supervisor.

BTW, the DOL is more likely to know the law than the BBB.