Legal Question in Employment Law in Florida

Bartender Questions-- Manager.Tip-Pooling and Unpaid Overtime Hours

Private Property/ Illegal Search??

- They take our tip buckets and count our tips even recording the denominations of bills we receive so as to keep a constant suspicion of theft upon us

IRS??

- Because they have our tips already recorded they have been adding to what we personally claim to the IRS at the end of the night without our supposed knowledge for tips well beyond (8% of sales) and without consideration of tip-pooling arrangements

Management Tip-Pooling??

-Managers started taking a portion of our tips equal to 1% of our sales for themselves as a tipout without our supposed knowledge

-Tips Witheld For Guest Walkouts??

Everyone works 40 hours a week on the clock but for the time we do not get compensated after that:

Overtime Pay??

- We have never received time + � wage pay in our paychecks

Pay For Meetings/Cleaning Etc.??

- We have not been paid or given the option for regular minimum wage during our monthly meetings and cleaning days where we receive no tips

Off- Site Work Pay/No Expenses Given To Solicit With???

- We are required to spend time in our off- hours promoting. As proof we must gather business cards

On-Call Shift Compensation??


Asked on 4/27/07, 3:08 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Bartender Questions-- Manager.Tip-Pooling and Unpaid Overtime Hours

Tip pooling could violate the "tip credit" provisions which the fair Labor Standards Act has, and if overtime isnt being paid as required by the law, you could be owed money. Please consult with a lawyer directly to determine what rights you may have, as you have provided a lot of facts and information which needs to be sorted out, along with pay stubs to be reviewed. Please feel free to contact us for further assistance as well but remember that your rights will not be preserved until formal action is taken.

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Answered on 4/27/07, 11:01 am


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