Legal Question in Employment Law in New York

I currently work as a server in a restaurant in Buffalo, NY. I am REQUIRED by the ownership to "tipout" all bus staff and bar staff at the end of each shift. I do not receive any of my gratuities until the end of the week in my check. This means I have to go to work every day with at least $50-$60 of my own money, in cash, in my pocket every day to give to the appropriate people. Is this legal? I have never worked anywhere that forces you to take money out of your own pocket to tip out their employees.


Asked on 9/20/10, 6:15 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

No, it's not legal.

You should contact the State Department of Labor if you want to pursue a claim, recognizing that you'll almost certainly be fired when you do so.

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Answered on 9/26/10, 1:56 pm


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