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Is it illegal for your employer to take your share of the tips?

Davenport, IA |

I was doing my job as told to by my boss, who was on the clock working and watching us do the job because it was busy. He didn't like the way I was scrubbing the cars, even though I was getting them clean, so he fired me. He told me to go home and he did not give me my share of tips for the day. Is this illegal?

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Attorney answers 1


No. The Fair Labor Standards Act allows employers to credit a portion of the tips received by their tipped employees toward their minimum wage obligation to such employees. However, an employer may not simply withhold tips from an employee that were earned prior to a termination. As a result, you have a claim for unpaid wages under federal law, at the minimum.