Are managers (salary employees) allowed to take tips from hourly (waitstaff) employees in the state of WV?
I work at a country club in West Virginia. All the front of the house managers are on salary and I just recently found out that on big events they get a cut of the gratuities on top of their salaries. The waitstaff is paid hourly and we depend on our gratuities. I was under the impression that is against the law. Does anyone know if it is against that law in WV for managers on salary pay to take gratuities? or a company to company policy?
When I started working at this place, I was told we are paid $5.50 hourly wage plus on every check their is a 20% gratuity already added which we (servers) share with the bartenders and servers assistants (busboys) only. I was never told that we share any gratuities with the managers. The only reason I know about it is because one of the other servers applied for a management position and the human resources department told her all managers get a cut out of the “big event” gratuities. I asked myself and they confirmed that.
Google the U.S Labor Department Wage & Hours Division. It’s also in th front of your local phone book if you just want to call. It is their job to investigate & protect employees from illegal wage activity. Make sure you take down the name & extension of the caseworker you deal with on the first phone call. I got paid about $500 in back wages 7 years ago as aresult of an investigation. Several other employees were also paid. Hold onto your check stubs & any other documentation you might need.
I wouldn’t suggest talking to your Gen Manager, you’ll have a bullseye on your back after that.
Your case worker should keep your name anonymous throughout the entire process.
Sometimes “big brother” is not so bad despite what your employer tells you. Good luck.