I live in Canada, BC. I've worked at this job for a few months now, and its my first job where I make tips. I recently learned that my boss expects a share of the tips on the days they work at our location (we have 2 locations). We're a small cafe, so we pool the tips at the end of the day and give them evenly to the employees that worked that day, whether they served customers or prepared food orders, we all share tips. Our boss is only at our location maybe 1-2 times a week, and they will help with a few of the orders but they wont stay the entire day. They expect to receive a portion of the tips earned from the orders they helped complete, despite making thousands a day in profits. BC labor laws specifically say ” An employer cannot withhold tips from an employee they were left for, take a share of tips, or require the employee to give a portion of their tips to the employer. “
Since they help make some orders, does that law not apply since they technically “earned” the tips on those orders? They dont do the orders by themselves, usually they have another employee in the kitchen helping them. A lot of us are making minimum wage there, and the tips help a lot so we really need them more than the boss does. I don't want to cause any problems because of this, but if i end up quitting or being fired I intend to report this if it turns out they're breaking the labor laws.