You should know Oregon laws for tipped employees:
If you work in a service sector such as a restaurant, tips are a very significant aspect of your normal line of work. Therefore, you should be well aware of your rights as an employee. If you are a waitress, bartender, or in a similar line of work, tips from delighted clients sometimes add up to being more than the actual hourly pay provided by your employers.
When accepting tips as part of remuneration, your legal rights under wage and hour rules might get a bit tricky. There are several restrictions that come into force, such as what qualifies as a tip, how much your employer must give you, and whether you must join a tip pool. Federal law does encompass these concerns; nonetheless, whatever the legislation is, employers must respect federal and Oregon law when dealing with tips. In the state of Oregon, the law is particularly protective of workers; therefore, state laws surely operate more in favor of employees as compared to federal regulations.
When it comes to tips in Oregon, here is what you need to know about the laws that are out there to safeguard workers who collect tips.
The Basic Law About Tips
The general rule concerning tips is that they belong to the workers and not the employer. In the state of Oregon, employers are not authorized to collect tips that are left for workers, which means you will not be required to split tips with the owners, managers, or supervisors.
In addition, employers are not authorized to consider tips as part of minimum wage requirements. There are states that offer “tip credit,” which indicates that if workers earn enough in tips, then employers may pay less than minimum wage. However, happily, for Oregon workers, that is not the case, which means that “tip credit” does not exist in this state. As a result, employers in Oregon must pay their workers the state’s minimum wage, as well as any tips they have received.
The practice of tip pooling is legal in a number of states, including Oregon. Tips from all workers who are part of the pool are pooled together and distributed among a group of employees. Employees must be informed about the tip pool in advance by their employers. There must be no additional requirements for employees to contribute beyond what is usual or fair, and they must be allowed to retain at least the minimum salary.
Read more on Oregon wage claims.
Workers cannot be asked to divide their tip money with staff who do not normally get their own tips, such as dishwashers or chefs. Additionally, the employer, managers, or supervisors cannot receive tips from a tip pool.
Consult with an attorney who specializes in Wage laws.
If you have questions regarding your rights as an employee who receives tips, you should speak with an employee rights lawyer at Meyer Employment Law. Employees, especially those in the restaurant industry, can rely on our law firm to help them understand their rights and responsibilities under the law. Feel free to contact us if you suspect your employer is breaking federal or state law. When it comes to the legal rights of tipped employees, we have your back.
Oregon Attorney, Robert Meyer