Tip Theft & Tip Issues

Contact BKL Today for a Consultation

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

    In New York City, many servers, bartenders, and hospitality workers rely on tips for the majority of their income. This is due to the tip credit system that New York uses to meet minimum wage obligations. However, some employees do not get to keep all portions of their tips as they must enter them into a tip pool to be split and shared amongst other employees; this is where tip theft and tip issues can occur.

    When done correctly, tip pools are fine. However, employers can take advantage of workers, taking unfair tip credits, failing to notify employees of the tip pooling policies, or even failing to share tips as legally mandated.

    As a worker in New York, it is important to know that all of these issues constitute wage and tip theft and are very serious. You have rights. Let Brown Kwon & Lam, LLP seek justice on your behalf.

    What constitutes a tip?

    According to the New York State Department of Labor, a tip, also known as gratuity, is “money given by a customer to an employee for service provided to the customer.” Tips can be given via:

    Under the law, any charge made to the customer in addition to charges for food, drink, lodging, and services, is considered a tip and must be given to the employee who provides customer service.

    What is a tip credit?

    The state defines a tip credit as the number of tips earned by an employee that the law allows his or her employer to take as a credit against the minimum wage requirements for that industry.

    Tip credits do vary by industry as well as the occupation within the industry. This is why it is so critical employers review the wage orders to ensure that they are following state law.

    Minimum Wages for Tipped Employees

    Under the Fair Labor Standards Act (FLSA), the federal minimum wage is as follows:

    In addition to federal laws, New York’s minimum wage laws for those in the hospitality and food industry is as follows:

    For Tipped Food Service Workers:

    For Tipped Service Employees:

    When an employer fails to meet these state standards, an employee likely has a wage and tip claim.

    Understanding the Difference Between Tip Pooling and Tip Sharing

    New York labor laws do permit employers to implement tip pooling and sharing procedures for their employees. However, the two are different.

    When Tip Issues Become Tip Theft in NYC

    When a customer lacks tipping etiquette, you may feel like you’ve been cheated out of rightfully earned cash. But unfortunately, tip theft can result from tip issues by the employer, specifically in their practices of tip sharing and pooling.

    Be it not giving employees their fair percentage of tips, or tip skimming–the practice of an employer taking part in a tip pool meant for non-management employees–these issues can quickly turn from a mistake to a crime.

    If you and your coworkers notice tip theft occurring in your New York City place of employment, do not stay silent.

    2021 Miscellaneous Industries and Occupations Wage Order

    Starting in 2021, a new order has been implemented to protect tip-earning employees. Employers covered by the state’s Miscellaneous Industries and Occupations Wage Order will now be required to pay all employees the full minimum wage, without any credit for tips employees receive.

    The employees will be permitted to receive the full minimum wage directly from the employer and retain all tips. Under the order, the tip credit was reduced by 50 percent on June 30, 2020, and then will be eliminated on December 31, 2020.

    While this is great news for New York workers, there is expected to be pushback from employers. And if that occurs, you need justice.

    Where Tip Issues Occur

    When done correctly, employers should have no issues regarding tip practices in New York workplaces. However, when they neglect industry standards, fail to notify employees of their individual practices or, withhold rightfully earned tips, justice needs to be sought.

    If your employer is not paying your rightfully earned tips, you may have a lawsuit for unpaid wages or tip theft. Contact Brown Kwon & Lam, LLP today to meet with a tip theft lawyer.

    Related News & Insights

    Call Now
    Email Now
    Back to Top