Legal Advice; I think my boss is wrong?

Ok, I am a server. I work at a Japanese steakhouse.


This is what i think is illegal:


At the end of the night we have to tip out (yes thats normal not a problem)


however


for the dining side we tip out 30% (for the sushi chefs even though they make much more hourly than we do, and they have a tip jar out on the counter)


and for the Teppan Yaki we tip out 10% to house and then split 50/50 the rest for the teppan chefs... (even though they are on salary too....)





but he is taking the money we tip out and using it to pay all the employees...


So when I have worked a 12-13 hour shift, when I should have walked out with $155, i leave with $70.





Is it legal for him to make the servers tip out so much and for that to go to our paychecks?


I'm sorry but I'm pregnant and I work hard to make large tips from customers, but at the end of the night I'm barely walking out with anything.





Any and all help and advice would be great thanks.|||It sounds odd; but the Local National Labor relations Board office could tell you for sure if it's legal or not.





I'd start there|||Its not illegal based on his resaurants method of paying people with the tip money. If you don't like it, go work somewhere else where they treat your tip money more in your favor.|||Sounds like Obamas plan already at work.


Good luck.|||it doesn't sound right. might be time to find another place to work at.|||I dont think there are any laws about what goes on with tipping other than you have to claim it on your tax return. I think since your tips are created by you working at the restaurant the owner can make any rules he wants about tipping...





It sounds like this isnt a great place to work.. find another job where your tips are your own...... its sounds like many people are benefitting from your hard work for sure.....








Added: okay if you cant find other work than you should have a meeting with all other servers and see if they feel the same.. if they do approach the owner as a group and tell him your concerns.... explain why you all feel this is wrong.... that is about your only option... even if there was a law... as soon as you try to use it, you would most likely be let go..... if the discussion doesnt work... then you either have to accept it or walk....|||Most bosses take 50% of the tips.


You waiters and bussers split up the rest between yourselves.





It is the American way.


The boss does what he wants.


If you don't like it leave.





Our society is really unfair, huh?|||Well make sure that you are first getting your minimum wage minues taxes. I'm sure you only claim yourself right now, right? So they probably take a lot of taxes out. If you're getting paid under the table than they can pretty much do anything they want to you. But say you make $8/hr (CA min wage) than you should be getting about $96/night if you work 12 hours and don't take a lunch and than subtract your taxes. BUT... they shouldn't take your tips. Maybe you should talk with them about the tips and how you should get them for your tables. And/Or look for another job. You may be able to work in a store, get benefits, have less work, so you can sit more and even possibly better pay. :)