Legal Question in Employment Law in Pennsylvania

My part-time manager says I should tip him

After work, my manager says that I was supposed to tip him 1% of my total sales (what a host or bartender would recieve... we have a host for fri. & sat. nights only... I had NEVER tipped him or any other mgr. out... at this or any other previous restaurant job.) I said to him, ''That's odd, I didn't think managers got tipped out because... you're management and you receive a salary.''

He said, ''Oh, I'm only here for part of the week.'' (I'm part time myself. In Pa. the minimum wage for servers is $2.83 per hour.) He then asked me what my total sales were. I told him, ''Only $104.'' (I later realized that was my cash owed. My total sales were over $500 for the whole day, nearly 12 hours.) He said, ''Oh I only take a tip out if your sales are $200 or more.'' Earlier that day I had a table ask for a mgr. (for minor questions )and I brought over the mgr in question where he stated his position was ''Floor Manager'' (Not once did he claim he was a host or bartender. He did mgr-type procedures like performing ''voids'' or printing closing reports as my mgrs in previous restaurants have done. In a previous restaurant, I've had a mgr say that it was illegal for them to accept tips because they receive a salary.) Who's right?


Asked on 7/11/06, 2:36 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: My part-time manager says I should tip him

There are no hard rules regarding tipping. The only hard rule is that anyone recieving a tip is supposed to have it accounted for in their W-2 tax statement and also must pay taxes on this income.

If you have questions ask you employer. Personally, it sounds to me like the manager is scamming you. If this is a chain or large establishment then look at the corporate policy or employee manual for your answer. If it is a smaller establishment then ask the owner.

Don't be afraid to bring this issue to people higher up in the organization. If this is a legitimate policy then you probably aren't the only person who knows about it. If it is not policy then the "manager's" antics should be made known to real management so they can deal with the issue at an organizational level.

Regards,

Roger Traversa

email: [email protected]

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Answered on 7/11/06, 10:41 am


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