I m making under min. wage at hibachi restaurant and my owner is taking half of my tips for the hibachi chefs and herself, is that allowed?

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  • Bob
    Lv 7
    7 months ago

    It may or may not be, if you really want to know you should call the Department of Labor in your state and ask them what the law is.

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  • Janet
    Lv 7
    7 months ago

    Yes it is allowed.

    It's not proper, but it's not illegal.

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  • 7 months ago

    ya. the hibachi chefs are the ones at the table doing the work and serving people. the tips belong to the restaurant. I used to own nightclubs and bars and the pretty girls serving bottles and the tables jul get more tips than the bartenders, but the bartenders got more of the percentage of the tips.

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  • 8 months ago

    You must be a tip eligible employee. That class of employee is paid a base wage as low as $3.25 and hour, and if the tips you receive do not add to that wage an amount equal to the minimum wage in your state, the employer is required to make up the difference. Stupid law, requiring customers to make up the pay of the underpaid server employees.

    We spend a good bit of time in France, and there, tipping is a thank you for excellent service. It is not customary or expected. We usually leave a couple of Euro as a gratuity, to say thank you to the server, but it is not expected.

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  • 8 months ago

    The tips are NOT yours. They belong to the restaurant. They can keep them or share any part of them. If they are giving you half of them, that money is considered part of your earnings. It is likely that you ARE being paid at least minimum wage, considering your base pay AND the tips they give you combined.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
    • John
      Lv 5
      8 months agoReport

      Obviously you have no knowledge of Labor Law. Labor Law does not protect salaried but only protects hourly workers.

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  • 8 months ago

    Depends on the local laws. In America politicians let employers hire you less than minimum wage be cause tips, but I’m pretty sure stealing tips can probably get them fined and/or sued

    • John
      Lv 5
      8 months agoReport

      Assume the poster works in California and the poster should call the California Department of Labor which obeys the United States Department of Labor. This person is getting screwed by the boss.

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  • John
    Lv 5
    8 months ago

    Call the Department of Labor in the state you live in. Many infractions and the whistle blower law will protect you. You should post your question in Law and Ethics which is in Politics & Government.

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