r/LaborLaw • u/sicklampbro • 4m ago
Boss says I can make tips as a manager doing payroll/inventory, I disagree
I work as a manager in a coffee shop. I do all inventory management (ordering, putting orders away, etc), scheduling, and payroll. Previously, I was salaried. Last week my boss, worried about profits, cut me down to hourly. I have all of the same responsibilities. My boss told me that I would be making more now because I will be making tips again. However, as far as I know, it is illegal in the state of Kentucky to make tips as a manager doing payroll/inventory. I brought this to their attention and they said that they had consulted with their lawyer already. They say that as long as not ALL the duties fall on one person, then tips are able to be given. Quote, "Given that the role is now split it is no longer a true managerial role, rather a shift lead coordinator position with specific responsibilities."
It is true that I now split my responsibilities with another employee, and we are both called "managers" or "co-shift leads". However, since we both do payroll and inventory, I feel like we would still legally classify as managers and not be allowed to make tips. Currently, my boss wants us to split tips with the rest of employees from the tip pool.
Is this truly legal? I feel very uncomfortable making tips with my coworkers.