Looking for advice on a legal issue. Here's what happened.
employer withholding tips. I've been dealing with this for about 14 months now and the situation isn't improving.
I have worked at this company for 7 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.
What's the typical outcome in situations like this?
I've dealt with this before.
The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.
I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.
I've dealt with this before.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.
NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.
Licensed attorney — a few thoughts. Here's my take on the legal issues.
The legal framework here involves both federal and state law. At the federal level, OSHA regulations. Your state may provide additional protections.
You should consult with a local attorney who handles these cases. Many offer free initial consultations.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Not a lawyer, but I have direct experience with this.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Not a lawyer, but I have direct experience with this.
The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.
I went through almost the exact same thing.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.
I've dealt with this before.
The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.
Been there. Here's what I learned.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
Not a lawyer, but I have direct experience with this.
What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
I went through almost this exact situation in Texas and wanted to share what actually happened, because the outcome was better than I expected.
My employer (a mid-size restaurant group) was taking 15 percent of all credit card tips as a "processing fee" and another chunk for the "house" to redistribute to managers. Both of these practices are illegal under the FLSA as amended by the Consolidated Appropriations Act of 2018, which explicitly prohibits employers, managers, and supervisors from keeping any portion of employee tips.
Here is what I did step by step:
The result: my employer was ordered to pay back wages to all affected employees going back two years (three years because the violation was willful). I personally received about 8,400 dollars in back tips plus an equal amount in liquidated damages under Section 216(b) of the FLSA.
Important note for anyone in this situation: you are protected from retaliation under the FLSA. If your employer fires you or cuts your hours because you filed a complaint, that is a separate violation with additional penalties. Document everything and do not be intimidated.
@confused_trader_WA -- Washington state actually has even stronger tip protection laws than federal. RCW 49.46.160 makes tip theft a separate state violation. I would strongly recommend filing with both the federal DOL and the Washington Department of Labor and Industries simultaneously.