Witholding Gratuity

[anabelaharris]

What is the name of your state (only U.S. law)?
Ohio

I work in a banquet hall in Ohio. I get paid min. wage for this job. My fellow employees (which is usually only 5 other people) and I will work 2-3 days a week with 7 hour shifts, setting up, cleaning, busing tables, serving food, refilling drinks, and then cleaning everything up at the end.

It has come to my attention that the banquets at this hall tack on a gratuity that is supposed to be for us and that is sometimes up to 1000 dollars depending on the size of the party. But we don't see any of it. We are also not allowed to accept money from patrons if they'd like to tip us - and if we are caught could potentially be fired. I was wondering if this was legal and if not where I could go to report this and maybe fix this big problem.

I've heard stories where people in other halls actually get gratuity or may accept tips. But this seems very wrong for both the employees and the customers signing this contract expecting money to go to service when really it goes into the businesses pocket.


Thank you in advanced for any advice you have.

 

[justalayman]

is the money actually listed as a gratuity to the customers or is it a fee of some sort?

 

[anabelaharris]

Yes, it is listed as gratuity on the contracts.

 

[pattytx]

A "tip" is something the customer decides whether or not to leave, how much to leave. A fixed "gratuity" is common for large groups, say 18-20% of the bill. That is not a tip because the customer has no say in its amount and it is required. Therefore, as long as you are making at least minimum wage, such gratuities are not required by law to be passed through to the employees. Tacky, but not illegal.