I worked at a smoothie shop in Florida. I've been working here for nearly a year. I have not been super familiar with the labor laws regarding tipping until recently. I quit my job because of it.
Everyday the tip jar gets filled to the brim because we area small business that the community loves. However, unless you are an “eligible employee” according to my boss/manager you are unable to participate in the tip pool.
I am not understanding of this policy which includes having to know how to perform and clean both the smoothie station and the sandwich station. (It's a hybrid shop) The last step is knowing how to deal with the register. These are all stations that deal with heavy customer interaction and serving.
A tip pool was questioned and that was our answer followed by, “We all chip in somehow, you do XYZ and everyone does XYZ to create a smoothie or sandwich.” By that logic, you would think everyone regardless of their contribution is to earn tips?
It seems like every question is dodged as to why the tip pool doesn't function like a legal tip pool: tips being divided at the end of every shift or at the end of every work day based on hours worked.
Many months ago an employee quit on the spot after the boss/manager hassled her to return $2 given to her by a customer that was pleased by their excellent service. The boss/manager threatened to fire her over the $2… She outright said, “That goes in the tip jar for the tip pool for everyone. Because the money goes towards Z and X and myself.” Z is a manager. It has never been discussed or outright stated that she is one but she does crunch numbers and do other managerial duties.
I have coworkers that do not earn tips. We are paid the FL minimum wage of $10.
Those “eligible employees” earn tips the 7th of every month. March 7th, my co worker was told her tips would be given to her alongside her final paycheck on March 18… The tips are in cash. We get paid with literal written checks. That has never been done. Apparently, it's a new policy she's implementing.
Upon hiring, no one was ever told of these tip pool policies. Tips were never mentioned upon hiring. In that month period of the tip jar being filled to the brim EVERYDAY who knows how much is supposed to be properly allocated to us employees.
It is the strangest setup and excuse to exploit workers and I need solid evidence that what is occurring is illegal. People deserve to know where there money goes. If the community is kind enough to gift us the money in hopes it will see the worker's hands, why wont it?
P.S.: I have brought up tips being split by shift but I got laughed at saying, “We are too busy to do that. I would have to stop everything to count it.”
Any further questions I am happy to answer them. I just need help navigating this.
edit 1: ***for those curious on how tips are split at the end of the month, it's a secret process. those “eligible employees” are put aside and made to sign a literal index card with our initials and we are given various amounts of “tip” money. I have no idea what the math is or how it is calculated according to my boss/manager's wishes. it's all very fishy and shady. the numbers are crunched behind closed doors and not in front of us…