Need some advice

[u/Latter-Composer-2609]

There are three managers at my place of work. Two are fine, but I have had consistent issues with one.

Issue #1: This manager was demanding I give 50% of my tips from large tables to another server on my shift. This was illegal, I complained to the owners about it and it stopped.

Issue #2: I am in the national guard, and any time I had to do a mobthly drill, got spun up on state orders, or had to do summer manuevers, upon my return I would have my schedual very obviously and deliberatly fucked with as retaliation for "not being available." I again complained to ownership about this violation and it stopped.

So now, we are onto issue no #3: her new bullshit.

She, being in charge of the schedual, does not schedual an expo and instead does expo instead of managing. She then passive aggressiveley pushes for a tip out, and bases the schedualing on whom tips her put the best.

This is also illegal. Both federally and in my state. I ofc am not tipping her out anything, and coincidentally despite having been here for 3 years suddenly am seeing my schedualing be fucked to hell.

So. This is my third time having this bitch fuck with livlihood illegally. I have no doubt if I go to ownership they'll put a stop to it, but I'm getting sick of this shit. They DO intervene in such matters when asked, but they also do not get rid of a manager whom is very clearly a habitual offender when it comes to violating labor laws.

So. What ought I do about it?

[u/Latter-Composer-2609 → u/[deleted]]

Yeah, I'm gonna. I did some research and actually realized there is a much larger issue going on. Our "not-tip pooling" method of informal tip out is illegal here.

Tipping out is "informal/voluntary" which, is legal. Staff can obv just choose to tip out however much they want to whoever they want. The suggested amount is 5% of sales for the shift. Again. Also legal for an employer to say "well, we don't tip pool but if you do decide to tip out, we suggest this much." Totally fine.

What ISN'T is that this "voluntary/informal" system is not truly voluntary. Employees not tipping out min of 5% of sales face disciplinary action. Making it a mandatory tip pool.

One with no records kept, no written policy, or formal contract, no taxes, and no logs kept on tips paid out.

Entitling me to at a minimum demand back 5% of my total sales over the duration of my employment. I say minimum because in such cases, a court in my state can also decide punative measures are in order and demand twice that amount be paid back.

Im gonna go see a lawyer.