My employer is taking a portion of my earned tips
Location: Austin, Tx
I work at a restaurant as a server. It’s a small, family owned business open for 30+ years. When I started working for them, they did a quiz on me where I had to know everything on the menu and the exact ingredients for each. They said that if I passed, I got to keep more of the tips I earned. Before I took the test, I didn’t know, but I was only earning 50% of what I could have earned. For context, tips are pooled and split evenly based on the hours you worked that day. After the first test, I thought I passed and got all the tips I deserved. However,, after a few months of busting my as, I learned I was only earning 75% of tips.
I earn more than minimum wage, but I was always under the impression that employers could NEVER take tips earned by employees…
Is this legal???
Posted Mar 2, 2026, 4:11 PM UTC