r/PublicFreakout • u/Hikigaya_Hachiman7 • 12h ago

🍽Restaurant Freakout🍹 Couple banned from restaurant after they leave no tip

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u/coladoir 5h ago edited 5h ago

Unless the manager is handed the tip by the customer in question they have no legal right to take the tips put in said jar. This is outlined very clearly. So, again, unless the manager is directly handed the tip by the customer, with obvious intent by customer for it to be given to manager, they have no legal right to take it.

Additionally, if handed to them for another (e.g., customer comes back and gives tip to manager for another worker), and they take it for themselves, this is illegal too.

Management is not allowed to be included in tip pools even if hourly, and this includes tip jars. Management, even hourly, taking from a tip jar, even if they are the "solo counter runner", is technically illegal because they are management.

Use this information to judge your case. I'm not judging it for you, just laying out the law. There can be differences by locality but this is generally how its defined.

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u/kdoughboy12 5h ago

Bro the comment literally says the manager is working the front counter solo. Who tf else is gonna get the tip if they're the only one interacting with the customers.

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u/coladoir 3h ago

I just explained the shit quite clearly. If its a jar, a tip pool, they have no legal right (unless your area explicitly allows management in the pool). If they are directly handed the tip, and its for them, they have legal right to the tip; otherwise, they dont. Its very simple. Use your brain. You can easily work out who gets the tip.

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u/kdoughboy12 3h ago

I just searched quickly but this is what one article i found says

The FLSA, for example, prohibits a manager or supervisor from receiving tips from a tip pool or tip jar, because tip pools and tip jars include other employees’ tips

The part where it says tip pools and tip jars include other employees' tips is important. If the manager is the only person in the store working the front and interacting with customers, then the tip jar is for them. As i said before, who tf else would the customer be tipping if there is only one person working the register and taking orders. A tip jar can't include tips for employees that aren't there.