TROY LAW: Tip Theft


Troy Law is experienced in recovering stolen tips.

Tip misappropriation occurs when an employer fails to pay their tipped employees minimum wage and does not allow them to keep their earned tips. However, under the labor law in New York State, your employer must give you the entirety of your tips.

Tipped Employee Bill of Rights

  • Employer must not split the tip pool with non-tipped employees, including kitchen workers.
  • In New York, employers must give you the entirety of your tips, even if you are paid at the minimum wage.
  • Employers cannot enrich themselves by charging you an exorbitant rate for tips paid by credit card or via online orders.
  • Managers cannot pocket your tips.
  • Tips cannot be used to pay for misplaced orders, lost restaurant silverware, or help reimburse other workers’ salary.

Call us today at (718) 762-1324 for a free telephone consultation with our experienced attorneys.