My boss has started implementing this new rule that on all food delivery orders we receive she is entitled to half of the gratuity tip because she is driving. My co worker and i split the other half. We do all the cooking and preparation and one of us goes on the delivery with her to carry food into the buildings while she sits in the car. All she does is drive no more then 5-10 mns so she's not using much gas. She already makes all the profits from the food, is she allowed to help herself to our tips as well? Thanks for answer.
Elder Law Attorney
Under Washington law, you are entitled to minimum wage plus your tips. However, there is no rule against pooling tips, and no rule against the owner or supervisors being a part of the pool. In essence, your boss has changed the employment contract. Where you have no union, and are not a civil service employee, then unless you have a very unusual employee policy manual that would vest you in the prior tip policy, you have no recourse but to change jobs.
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Family Law Attorney
Why are two people going on each delivery? Surely your boss has better things to do? Tips in many different kinds of businesses are often pooled, so it may be ok here also.
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