Question for all restaurant servers?

Question

When you get your tips, is your employer supposed to charge tax on your tips, making the total go down? For example, the receipt says $5.00 under tip amount and she charges tax.

Also is it common for your employer to cut you short of your tips every once in a while because of an excuse like "I lost the receipt"? This happened to me tons of times and am starting to get a little pissed off. My employer is a little too cheap and very untrustful

Answer 1

You are responsible for reporting 100% of your tips *wink wink* (This is the law, most servers that I have worked with  will compare tips and all report the same amount.  A minimum of 15% of sales is usually required, just make sure your percentage stays consistent week to week and doesn't jump or you could get audited and the consequences could make you living out of a cardboard box for four years.  After you report the tips, the taxes are deducted on your paycheck, not from your tips you actually take home each night.  Keep track of your tips yourself and compare to your paycheck.  If you can, print off a report at the end of each night and one at the very end of the week as well, to make sure they aren't going in and changing your tips.  

Is it you that lost the receipts or your manager?  If you lost the receipt, then yes unfortunately you don't get that tip.  If your boss lost the receipt, than that is messed up.  Make sure you are the one to hand them your deposit and receipts.  Stay with them when they count it.  Make sure you have counted it before hand.  Add up your total sales, subtract your total credit cards totals from after the tip is added in, and the ammount left over is the amount of cash to turn in.  If the number is negative they owe you money.  Check your amount against what they say you owe and the tip amount.    I hated when a manager wouldn't let me do my own paperwork.  I felt as if I was being screwed over.  If a business says they give you shift pay and down have you fill out and of the tax paperwork I would suggest leaving because it's illegal.

A manager/boss should NEVER get tips, especially if tips are pooled.  they are salary and getting paid much more than you are.  Most managers I have had that got tipped when they stepped in to help either divided their tips at the end of the night and gave an equal portion to every server/bartender.  Another one put it into a a big jar and treated all of the employees to a big meal or even gifts  at the holidays.  

Trust your instincts.  If you feel something wrong is going on it probably is and that means it is time to get a new job.

Answer 2

An employer is suppose to calculate taxes on claimed tips, but generally that comes out of your payroll not your daily tips.

When I was the General Manager at Denny's, my servers would have to pay for a ticket should a customer walk out due to their negligence (forgetting about them, the patrong skipping out due to the server not paying attention, etc), but not if I lost a receipt. Typically, as a manger, you remember who you cashed out and normally other servers or cashiers can verify that. Sounds like you are working for a real con artist.

Does your employee compensate the difference should your tip amount plus your base pay not add up to minimum wage? Many servers are not aware that they are to pay the difference; wasn't sure if you knew about that.

I would consider contacting the labor board to ask about your local laws.

Answer 3

I don't understand your question

Answer 4

Your employer is supposed to deduct employment taxes on your reported tips on your paychecks. That's it.

I don't know what the "lost receipt" deal could be. Are you directly tipped by your customers, or do you pool your tips?

Either way, your employer should not be taking a cut of your tips.

Answer 5

KNOW!!!!!

Answer 6

They are not suppose to charge tax on tips. In PA, we charge tax on food, but not on alcohol and tips.

My employer never has done that as far as loosing the receipts. If that is the case, then they should not be in a business.

If you can, take the money from the customer. I know all restaurants are different, but if you can, take the money from the customer. Where I work, we also run the cash register, and the credit card machine. So usually it's one of the waitresses that ring out the customer.

I think you need to talk to the employer and see what can be done. I don't know how your employer is, but even write down the customers bill totals and keep track that way.

Otherwise, if your employer won't budge, then tell them you're outta there. You don't need that bs.

Like I said before, that is bs that they loose their receipts. For crying out loud, they're in business!!! They are lying to you.