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Jes
Lv 5
Jes asked in Politics & GovernmentLaw & Ethics · 1 decade ago

How do I report that my employers are illegally taking my tips?

I word at a sushi/hibachi restaurant that I strongly believe is in violation of federal labor laws. When I work in dining they take 30% of my tips and when I work in hibachi they take 50%.

This money does not go to bussers or bartenders, and we are expected to tip these people separately (although we only have bussers one night a week, so no big). I am told that the "Share Tips" as they call them go to the house, and was told this is used to pay the chefs and managers.

I can't find any direct Missouri law against this, but I have seen several things on the DoL's website that makes me feel this is illegal, even though I've been told that this is customary for Japanese restaurants. I've also heard that people have to comply to the most stringent law, whether it happens to be Federal or State.

Here is the main source of information I'm using:

PDF on Tips from the DoL (pay attention to Tip Retention and Tip Pooling: http://www.dol.gov/esa/whd/regs/compliance/whdfs15...

So I think I have determined this is illegal. I just can't find out how to report compliance issues in Missouri.

1) Should I try to report it to Missouri or Federal DoL?

2) How do I report?

3) Can I do it anonymously so I don't lose my job?

4) Is this going to be expensive?

Because I'm just a poor college student, guys. I can't fund some lawsuit that will probably amount only to a few thousand bucks. Thank you for reading this long mess.

Update:

Is there a certain number or department I should talk to?

By the way, we don't have a maitre'd, we often have to cover hosting by ourselves also. We are expected to tip support staff separately from our "Share Tip" that we give at the end of the night. I was specifically told by my manager that the Share Tip goes to the House, and that by that she meant the kitchen staff and owners.

50% tip sharing is not a normal or common place practice, especially when none of it goes to bussers, bartenders, hosts, or servers.

4 Answers

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  • 1 decade ago
    Favorite Answer

    Talk to someone at the Department of Labor. You can tell them you do not want to identify your employer for fear of retaliation. You just want to know how the DoL goes about enforcement procedures. This does not require you to hire a private attorney. Your tax dollars are paying the state to enforce employment protection laws. There is no separate law for Japanese restaurants. All employers are treated the same under state law. An employer should not be stealing from its employees.

  • Laredo
    Lv 7
    1 decade ago

    Go to this site:

    http://www.dolir.mo.gov/LS/minimumwage/index.asp

    On the left side of the page, under COMPLAINTS, click on

    "Minimum Wage Complaint Form" and print the form. It has a place that asks "Type of Complaint." Be sure and check all that applies, especially "Tipped Employee." There is space on this form for you to write a complete explanation and you can add additional pages if you need to.

    The mailing address and phone number are shown on the form.

    My best wishes for justice and back pay.

  • Sharing or pooling of tips is very common in all sorts of restaurants. The money does go to the maitre d', the chef(s), etc.

    It's legal and as I say, common.

  • Anonymous
    1 decade ago

    contact the state labor board

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