I’m a host at a very nice country club. Old men drink brandy while the ladies play bridge. I light cigars for the gentlemen.
Every day, the guests come in for lunch. It’s typical Aramark style trash, served at about $15/plate for the buffet. On top of every tip is an automatic 18% gratuity, coupled with a $3 service charge. In addition to this, there is a separate blank, where guests can write in an additional tip, which many choose to do.
What they don’t know, and aren’t allowed to know, is that the company keeps all of this money, and we aren’t allowed to tell them this. We’re paid above minimum wage., but I want to reiterate the gratuity and service charge are mandatory.
I’m assuming that your employment with the country club is voluntary, and they do, in fact pay you a wage that you both agreed to when you took the job.
So, no, they’re not doing anything illegal. Anoying maybe, but not illegal.
I suppose you could blab to the guests, but I wouldn’t count on maintaining employment if you do.
I never liked the whole tipping thing anyway, but if the customers/members think you’re getting a tip and you’re not, that’s not a good way for a business to treat their customers.
IANAL but it would seem they are perpretrating a fraud on their guests. The guest thinks they are tipping you while they are actually adding to the gross profit of the club.
Do you know any of the members of the Board? You might just ask casually “Gee, this is unusual, do all clubs keep the tips?”
I agrre with ALice that you personally don’t have a claim. I also agree with gotpasswords that you want to watch your W-2 very carefully.
This was what I suspected to be the real crime (although I still hope I might get my tips). The way I see it, if they’re defrauding customers, the only thing they can do to avoid trouble is to refund the money to the customers, or give me what the guests thought was mine to begin with.
To be honest, I can’t tell. It seems to depend on whether you’re classified as a “tipped employee.” If you are a tipped employee, then the employer cannot keep your tip, no matter the agreement, but can keep the compulsory service charge. However, I can’t tell where your situation lies.
I love these employers that think “Because I say so.” or “It’s company policy.” makes practices legal. It’s very obvious why they’d not want the patrons to know of this practice, they’re funneling money from them meant for you into the business. I can see this even being a scam by some bosses to keep unreported money. Get hold of the state attorney general or the other suggestions and ask them.
Your employment may be voluntary, and you can )and dudes do) agree to many things that aren’t according to their States or Federal Labor Codes. Your agreement doesn’t make it legal. You can agree all you want to work for less than Minimum wage, but it’s still (in most cases) against the law.
The CC you work at no doubtedly charges an annual membership fee.
And they still have the nerve to nickel and dime their guest with a service fee AS WELL AS a mandatory gratuity (which, as the name implys itself is meant for the service help)? Not to mention $15 for a simple buffet-style meal?
And on top of that there is an extra space on the guest check for an additional gratuity that ALSO does not go to you??? WTF??
How long are you planning on remaining employed here, and what’s the service industry job market look like in your area? You get my meaning?
You might try an anonymous letter/phonecall to a local newspaper/television station. A little publicity can work wonders on questionable business practices.
I’m not sure it’s relevant what he agreed to. As a customer, it’s immoral for the club to charge my bill fraudulently, and depending on the jurisdiction, it may be illegal to charge me a gratuity that is not in fact a gratuity. The local Better Business Bureau or Consumer Affairs Office should know about this.
Don’t be so sure. Some (most?) localities have laws against fraudulent charges on a bill.
You don’t have to fill it out if you don’t want to, you can just stick the money in his hand.
I’m with the rest on this, alert local authorities and papers, if you can afford to lose your job, that is. I don’t know how you’d stick out from your colleagues regarding suspicion from your employer, but there’s probably a lot you can do anonymously.
You might not get much out of it yourself, but people shouldn’t get off doing business like that.
It is for sure an imoral thing to do. Karma can be a bitch. But beyond that, here in California the food in a restaurant is taxed, the tip isn’t. If they are keeping the tip, they are defrauding the state out of tax revenue.
I don’t know your state’s attitude about this, but the Calfornia Franchise Tax board would be on them like stink on shit.
Drop a dime.
Remember what I said about karma?
