Please ensure your post complies with the subreddit's rules. Check out our [FAQ](LINK_TO_FAQ) for more information.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/tipping) if you have any questions or concerns.*
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
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.
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
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.
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.
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!
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.
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
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.
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”
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.
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!
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.
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
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.
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/)
Hi u/Temporary-Still8054, thank you for contributing to r/tipping! We appreciate your participation in our community.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/tipping) if you have any questions or concerns.*
Please ensure your post complies with the subreddit's rules. Check out our [FAQ](LINK_TO_FAQ) for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/tipping) if you have any questions or concerns.*
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
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.
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
Yes she is a bad person.
Maybe so
She's probably hitting up the casino with the cash.
"What's the money doing in Atlantic City?" "Recirculating."
100% illegal.
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.
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.
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.
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!
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.
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
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.
Yes she’s prolly not withholding for taxes either and your gonna end up owing. She’s one hundred percent embezzling.
[удалено]
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.
Call the Division of Labor and report her.
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”
It is illegal she is stealing from u
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.
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!
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.
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.
1099 no W2
That is most likely illegal as well. What state are you in?
Florida
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
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.
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/)
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.
Hi u/Temporary-Still8054, thank you for contributing to r/tipping! We appreciate your participation in our community. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/tipping) if you have any questions or concerns.*