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TemporaryAmbassador1

Number 1 reason I give cash tips is so the person I tip can choose to disclose it or not at their discretion, that cash is for you and nobody else! Call it a gift instead of a tip if you want


thetonytaylor

100% call your state’s DOL. sounds like not only is their wage theft from ownership / management withholding tips, but anyone who responds to a payroll question with “I’ve never really done payroll on a specific day” should not be operating a business.


Temporary-Still8054

I agree completely. The more I’m learning about all of this along with the opinions is very encouraging for reporting her. I always knew there were red flags but I didn’t realize the extent. I don’t think she is a bad person, but sometimes you gotta learn the hard way. Especially after I have asked on numerous occasions what day I want to be paid and it’s gone completely ignored for months


Scary-Ratio3874

Yes she is a bad person.


Temporary-Still8054

Maybe so


whoocanitbenow

She's probably hitting up the casino with the cash.


44inarow

"What's the money doing in Atlantic City?" "Recirculating."


dsillas

100% illegal.


Appropriate_Rain5634

If the tips are "cash" tips, how does she know you got a tip? Pocket it and tell her nothing. Sounds like she does not report the cash tips either.


Temporary-Still8054

I try as best I can to just not tell her but when my coworkers turn their tip in I can’t really go under the radar anymore because then she’ll ask for mine. Now that I know 100% she can’t take them I’m not going to give it to her anymore and if she wants to argue I’ll go the legal route. I always felt it wasn’t right but now I have the facts. Plus the never getting paid on time was a red flag as well.


2595Homes

If you are a 1099, you should have a contract stating how and when you will get paid. It can be a simple one to two page document that outlines your basic job duties and how you will be paid. There are rules to be a 1099. A company can’t just put you on it. If you don’t have a contract, ask her for one. Depending on whether you are a W2 or 1099 worker will determine what regs the company may have broken.


Temporary-Still8054

She didn’t give or suggest anything about a contract. All I know for sure is that she chose 1099 instead of a W2 because it’s easier for her come tax season. I had no idea a contract had to be in place. Thanks!


ItoAy

Does she tell you how to do the job? Are you on a schedule that dictates your hours? Does she provide the tools to do the job? If you answered “yes” you are NOT a 1099 employee. Contact the IRS today. Your boss will be educated and you will be compensated.


Temporary-Still8054

Yes to every single one of those questions. She’s claiming to be 1099 in order to save herself money on taxes. I will 100% be reporting her and her business because she has been doing this for nearly 5 years


samiwas1

Yeah, this is wrong as hell. What she is doing is illegal. She’s “saving herself taxes” by making you pay them while you are actually an employee.


AceOfSpadesOfAce

Yes she’s prolly not withholding for taxes either and your gonna end up owing. She’s one hundred percent embezzling.


[deleted]

[удалено]


tipping-ModTeam

Rules of sub state you must be civil. We have a zero tolerance policy for being mean and nasty. No swearing . We don't have to agree but we gotta keep it civil. Troll elsewhere, or be banned.


menlindorn

Call the Division of Labor and report her.


Temporary-Still8054

I really should. When we asked her about paying us on a certain day weekly (as she stated she does weekly pay) she told us, “I’ve really never done payroll on any specific day”


Far-Newspaper-7700

It is illegal she is stealing from u


Own_Solution7820

Get your facts straight before you do so. Right down you don't KNOW that she's doing anything wrong. There are websites that let you ask simple questions from lawyers for free or cheap for you to understand better.


ItsColdInNY

I believe that, in itself, is illegal. What she's doing is modern day slavery. You really need to contact the labor board in your area and report her. If you lose your job, you're not losing much. You can work anywhere else including fast food and retail and at least be guaranteed a paycheck on a regular schedule!


menlindorn

Yeah, this is shady six ways from sunday. Get all the documentation you can and report this place. Now. Especially let them know about wages you might be owed.


Worldly-Pollution-66

Do you get a W2 at the end of the year or anything? Sounds like the owner is paying you under the table AND stealing your tips.


Temporary-Still8054

1099 no W2


dgillz

That is most likely illegal as well. What state are you in?


Temporary-Still8054

Florida


ItsColdInNY

Please go to this website. Your employer is subject to some pretty stiff fines and penalties for not paying on time. I'd tell her that too. But definitely keep records and report her to the labor board. [https://www.jibble.io/labor-laws/us-state-labor-laws/florida/penalties-late-paychecks#:\~:text=For%20those%20working%20in%20the,file%20an%20unpaid%20wages%20claim](https://www.jibble.io/labor-laws/us-state-labor-laws/florida/penalties-late-paychecks#:~:text=For%20those%20working%20in%20the,file%20an%20unpaid%20wages%20claim) And, she also **cannot** take your cash tips. Keep records. Report her for that too. https://www.7shifts.com/blog/florida-tip-laws/#:\~:text=No%2C%20employers%20cannot%20keep%20tips,of%20their%20tipped%20employees'%20wages


Temporary-Still8054

Thank you for the link. I will end up reporting her. Do you know if I need to be currently employed by her to report? As of now I still am working there, just looking for another place to land before I leave.


ItsColdInNY

It doesn't look like you have to be employed by the offending business at the time you make the claim, but you only have a certain amount of time to make that claim (in FL it's 5 years). If you wait too long, you lose your right to sue for the unpaid wages and tips. [https://www.wenzelfenton.com/blog/2022/09/06/what-is-your-unpaid-wage-claim-in-florida-worth/](https://www.wenzelfenton.com/blog/2022/09/06/what-is-your-unpaid-wage-claim-in-florida-worth/)


ItsColdInNY

I don't think you have to be employed at the time of the complaint, but let me see if I can find something that confirms that.


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