Tipping out non-working/ non present employees
Establishment: a restaurant
Location: Hawaii
Our employer is making us-the waiters tip out bartenders, food expeditors, and hostesses who are 1) not in the restaurant working and 2) not scheduled. the reason is for these people to have a little income while we go through the recession.
Currently, management has not determined if these monies will go to the individuals or to a fund for employee activities such as christmas parties and picnics.
1) wouldn’t it be nice to be a bartender staying home not lifting a finger and getting $100 in tips a night?
2) If the money goes to the “employee fund” isn’t that called a “mandatory donation”?
Is this legal? Anyone know how to find a law?
It’s completely illegal. Not only can your boss not make you have to tip someone who isn’t working, they are also not allowed to force you to tip out ANYBODY who IS working, including bussers, bartenders, kitchen, etc. If you are a server getting tipped by a customer, that is your money and your’s alone. You tip the bussers, etc, to get them to do things for you. If you don’t want to tip them, you don’t have to (good luck getting your tables reset, though).