When can my boss exclude me from the tip pool?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When can my boss exclude me from the tip pool?
I called out sick 1 day and my employer informed me I would not be included in our tip pool for that week. Is this
legal?
Asked on September 3, 2019 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it's not legal. You can, of course, be excluded for the day you missed, but only for that day. Example, to keep things simple, I will assume $200 tips per day, 5 days worked that week, and there are 5 of you the pool. You were there 4 days, during which there was $800 in tips to be split between all 5 of you in the pool: you each get $160. Then the 5th day, you were not there, so you get nothing that day and your 4 colleagues split the $200 in tips from that day.
If you boss excludes you from the pool for days you were there, you could, if you deem it worthwhile, contact the state department of labor about filing a complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.