Can your boss withhold your pay?

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  • anabolice30
    E30 Modder
    • Jul 2013
    • 946

    #1

    Can your boss withhold your pay?

    Long story short I work in a restaurant for tipshare. For those of you who don't know what that is it means that the servers have to give a percentage of the tips they earn back to the restaurant to supplement the pay of the other front of house workers. So I wipe tables for $4/hr plus whatever tipshare I get. However, the problem is that I get paid in cash, and sometimes my boss is "too busy" to give me my money at the end of my shift.

    Even if we're not busy he sometimes tells me to come get him later, but he always insists that I get off the clock, and then hang around indefinitely until he feels like paying me.

    I get paid by going into the manager's office. They take my cash that is already in an envelope, hand it to me, and have me sign for it. The whole process takes less than 60 seconds.

    It's definitely bullshit. But is it illegal?
    Last edited by anabolice30; 09-23-2015, 06:02 PM.
  • kickinindian
    R3VLimited
    • Jan 2012
    • 2327

    #2
    sounds like he is having monetary issues and not wanting or cant even pay his employees. im pretty sure its illegal.

    Comment

    • Gerta
      R3VLimited
      • Sep 2009
      • 2119

      #3
      Originally posted by anabolice30
      Long story short I work in a restaurant for tipshare. For those of you who don't know what that is it means that the servers have to give a percentage of the tips they earn back to the restaurant to supplement the pay of the other front of house workers. So I wipe tables for $4/hr plus whatever tipshare I get. However, the problem is that I get paid in cash, and sometimes my boss is "too busy" to give me my money at the end of my shift.

      Even if we're not busy he sometimes tells me to come get him later, but he always insists that I get off the clock, and then hang around indefinitely until he feels like paying me.

      I get paid by going into the manager's office. They take my cash that is already in an envelope, hand it to me, and have me sign for it. The whole process takes less than 60 deconds.

      http://leginfo.legislature.ca.gov/fa...sectionNum=351.

      Let the law be your guide ... he has one business day to pay you for your wages if on credit card, other than that he should be giving them to you at the end of your shift.



      It's definitely bullshit. But is it illegal?
      Parts Collector and Former Houndstooth interior junkie.

      Comment

      • anabolice30
        E30 Modder
        • Jul 2013
        • 946

        #4
        Originally posted by kickinindian
        sounds like he is having monetary issues and not wanting or cant even pay his employees. im pretty sure its illegal.
        He's not having monetary issues. I mean, i can't say for certain, but it is an absolutely massive chain, with dozens of locations in every state.

        Gerta,

        Thanks for some legal info, i tried googling, but couldn't find anything for my stateTennessee, that law seems to be a california law.

        Comment

        • kickinindian
          R3VLimited
          • Jan 2012
          • 2327

          #5
          go look on your break room wall or wherever the OSHA stuff is posted, they usually have a date of when you get paid, that the owner writes in, it needs to be within 24hrs of that. and OSHA is federal so it should be on there.

          Comment

          • anabolice30
            E30 Modder
            • Jul 2013
            • 946

            #6
            Thanks, will do. I have an interview lined up at another place tomorrow, so it may not even be an issue. There is a lot of fuckery and poor business ethics that goes on here, but nothing of questionable legality other than this.

            Comment

            • 2mAn
              Señior Mod
              • Aug 2010
              • 20111

              #7
              Just make sure if you quit this shitty job to do it in a way thats memorable. those are t he best
              Simon
              Current Cars:
              -1966 Lotus Elan
              -1986 German Car
              -2006 Volkswagen Jetta TDI

              Make R3V Great Again -2020

              Comment

              • ahrensNW
                E30 Mastermind
                • Mar 2015
                • 1716

                #8
                Originally posted by 2mAn
                Just make sure if you quit this shitty job to do it in a way thats memorable. those are t he best
                Truffle butter on the complimentary rolls
                Hank Ahrens
                1984 Alpine Coupe
                1978 911sc

                Comment

                • Gerta
                  R3VLimited
                  • Sep 2009
                  • 2119

                  #9
                  Originally posted by anabolice30
                  He's not having monetary issues. I mean, i can't say for certain, but it is an absolutely massive chain, with dozens of locations in every state.

                  Gerta,

                  Thanks for some legal info, i tried googling, but couldn't find anything for my stateTennessee, that law seems to be a california law.
                  TN: http://www.nolo.com/legal-encycloped...aws-35512.html
                  Parts Collector and Former Houndstooth interior junkie.

                  Comment

                  • anabolice30
                    E30 Modder
                    • Jul 2013
                    • 946

                    #10
                    Originally posted by 2mAn
                    Just make sure if you quit this shitty job to do it in a way thats memorable. those are t he best
                    Originally posted by ahrensNW
                    Truffle butter on the complimentary rolls
                    Nah, tbh I'd like to do that, but these days everything you do follows you. And I really just have two managers who are lazy fat waffleswaffleswaffleswaffless. The other two are pretty cool, and I have a lot of cool co-workers I will miss. I don't want my co-workers that I do like to remember me like that

                    Comment

                    • Dozyproductions
                      R3V Elite
                      • Jan 2007
                      • 4682

                      #11
                      So you're a busser? You wait for tip out from servers, and you don't always get your tip out, and that doesn't always neccessarily adds over to the next shift?

                      If so, get that other job and make a formal complaint and try to take as many people with you out of there.

                      Comment

                      • XwalkerX
                        Grease Monkey
                        • May 2015
                        • 383

                        #12
                        i work for the govt.

                        ive grown accustom to getting my pay withheld every year or two when the idiots in congress wont pass a budget...

                        Comment

                        • Exodus_2pt0
                          R3V Elite
                          • Dec 2011
                          • 5943

                          #13
                          Originally posted by anabolice30
                          Nah, tbh I'd like to do that, but these days everything you do follows you. And I really just have two managers who are lazy fat waffleswaffleswaffleswaffless. The other two are pretty cool, and I have a lot of cool co-workers I will miss. I don't want my co-workers that I do like to remember me like that
                          Already ahead of the game with an attitude like that. I know some adults who still haven't figured out that yes, what you do now will matter in 10 years.
                          No E30 Club
                          Originally posted by MrBurgundy
                          Anyways, mustangs are gay and mini vans are faster than your car, you just have to deal with that.

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                          • agent
                            Vice Grand Pubaa
                            • Mar 2010
                            • 7960

                            #14
                            As support staff in a restaurant, typically you should be paid the day after the shift you last worked. The only exceptions to this are places where support staff are tipped directly by the service staff, though in a corporate restaurant that's not usually how it works.
                            Originally posted by kronus
                            would be in depending on tip slant and tube size

                            Comment

                            • ST1G
                              R3V OG
                              • Oct 2012
                              • 6689

                              #15
                              Originally posted by agent
                              As support staff in a restaurant, typically you should be paid the day after the shift you last worked. The only exceptions to this are places where support staff are tipped directly by the service staff, though in a corporate restaurant that's not usually how it works.
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