Tip Pooling Violations

As a service employee, are you receiving the tips, wages and overtime pay you are owed? Is your employer holding back a portion of your tips to cover “overhead”? Is your employer holding your tips until it receives reimbursement for customer charges from the credit card company?

If so, you may be entitled to compensation for the tip income and wages you are owed, plus attorney fees and court costs.

The TB Robinson Law Group, PLLC, provides results-oriented representation on behalf of employees in claims involving tip pooling violations, minimum wage violations and overtime pay. Our firm understands federal and Texas employment laws, and vigorously seeks full compensation for wait staff, bar tenders and other tipped employees who are denied the tips and wages they are owed.

To learn how we can help you, call the TB Robinson Law Group, PLLC, in Houston at (713) 568-1723.

Important Facts About Tips and Tip Pooling

The federal Fair Labor Standards Act (FLSA) and Texas laws regulate minimum wages, overtime pay and tip pooling arrangements for employees. Tip pooling provisions are complex, and many employers fail to understand them. To clear the air for employees, we present the following basic information:

• In Texas, if you receive $20 or more in tips per month, you are entitled to a minimum wage of $7.25 per hour. However, your employer has to pay you only $2.13 per hour, with the remaining $5.12 coming from the tips you earn. If you fail to earn $5.12 per hour in tips, your employer must make up the difference.
• You are entitled to keep all of the tips you earn unless you agree to a tip pooling arrangement. However, you are still entitled to a minimum wage of $7.25 per hour.
• Your employer cannot charge you a service fee on the tips you earn.
• If you split your time between a tipped position and a nontipped position, you are still entitled to minimum pay of $7.25 per hour for the time you work in the nontipped position.
• You are entitled to receive your tip income on your regular pay day and not later. Your employer cannot delay paying your tip income even if it has not received payment from the credit card company.
• If your employer charges a mandatory service fee to customers, you are not necessarily entitled to that service fee or any tips generated. You are still entitled to the minimum wage of $7.25 for the hours you work.

A Strong Advocate for Employees

“I believe that service workers deserve to receive all of the tips, wages and overtime pay they have earned. My law firm will stand up for you.”

— Terrence B. Robinson

Attorney Terrence B. Robinson has years of experience representing employees and employers in matters involving tip pool violations, wage and hour claims, and other employment law violations. If you have not received the tips and pay you are entitled to under the law, the TB Robinson Law Group, PLLC, can represent you, seeking all of the pay, attorney fees and additional damages you are entitled to receive.

Contact a Lawyer

Call the TB Robinson Law Group, PLLC, at (713) 568-1723 or contact us online to schedule a consultation.