Can An Employer Withhold Tips In Texas

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Tipped Off in Texas: Can Your Boss Steal Your Dough?

Howdy, partners! Ever served up some stellar service, only to find your paycheck lookin' a little...well, lighter than a jalapeño popper after a deep-fry marathon? If you're a Texan slinging drinks or wranglin' plates, you might be wonderin': can my boss legally lasso my loot, otherwise known as tips?

Hold on to Your Stetson, There's Good News!

Yeehaw! Generally speakin', Texas law says those tips are your hard-earned moolah. Consider them the glittering buckles on your metaphorical service belt – you earned 'em, they belong to you. Think of it as a customer reward for your charm, wit, and maybe even your superhuman ability to dodge rogue onion rings.

But hold your horses! There's always a twist in the Texas two-step, right?

Now for the Less Sparkly Side (But Still Important)

There are a couple of exceptions to the tip-freedom fiesta. Let's mosey on over to those...

  • Tip-Sharing: Sometimes, restaurants have tip pools, where servers divvy up their tips amongst themselves. This can be a way to ensure everyone gets a slice of the pie (though hopefully, it's pecan pie, not something questionable from the discount bin). But there's a catch: the pool can only include actual tipped employees, and your boss can't take a single cent for themself.

  • The Tip Credit: This one's a bit of a head-scratcher. Here's the gist: by law, your employer can count a portion of your tips towards your minimum wage. So, let's say the minimum wage is $X (you know, for the sake of argument) and your tips average $Y an hour. If Texas allows a tip credit of $Z, your employer can subtract $Z from the $X they owe you, as long as your tips + the remaining bit from your employer add up to at least $X. Confused? Yeah, it can be a bit murky.

The Bottom Line: Knowledge is Power (and Keeps Your Tips Safe!)

If you ever feel like your boss is takin' more than their fair share of the tip bounty, don't be shy! Reach out to the Texas Workforce Commission (https://www.twc.texas.gov/). They'll be happy to sort things out and make sure you're gettin' what you deserve.

Remember, cowpokes: informed is armed! So keep on slingin' those margaritas, know your rights, and those tips will keep flowin' like sweet tea on a scorcher of a day.

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