Legal Question in Employment Law in Pennsylvania

I work for a banquet facility, where I bartend and sometimes wait tables. I am paid a flat rate of 10.00 an hour. I have two questions regarding tips. First when there is a cash bar I am to put out a tip basket, I am not allowed to keep my cash tips and I have to hand them over to the owner directly where they are never seen again by any employee. Is an owner permitted to take your cash tips? Second the banquet facility charges and 18% gratuity but again it is not shared at all with bartending and waitstaff. It is called a gratuity in the contract not a service charge. Am I legally entitled with the rest of the waitstaff to a portion of the gratuity? Every other banquet place I worked in Pittsburgh PA has let you keep your cash tips and given a portion of the gratuity.


Asked on 5/20/14, 6:11 am

1 Answer from Attorneys

Leon Greenberg Leon Greenberg Professional Corporation

My short answer is yes, your situation in my mind raises some very valid legal claims for unpaid compensation and deals with issues I have been working on. See my website nightclublawsuits.com or visit my main website overtimelaw.com.

I would be interested in discussing your situation with you on a confidential, no obligation, no cost, basis. Call me at 1-800-257-4841.

Although my office is in Nevada I am licensed to practice law in Pennsylvania and work with attorneys who maintain offices in Pennsylvania.

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Answered on 5/20/14, 10:41 am


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