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The thing is, only the customer is authorized to determine who his tip belongs to. The Deparment of Labor has no authority to suggest that they, rather than the customer, are authorized to determine who the customer's tip belongs to. And yer here is what the Department of Labor is telling the courts.
Opinion letter FLSA 2009-12 states,
"The legislative history includes bus persons (busboys) in the list of occupaions that may participate in a tip pool"
What list of occupations that may particpate in a tip pool?
I have seen no list, have you?
Did you send the legislature a list of types of employees who can share in your tips?
Where is the DOL getting the idea that the customers want the legislature to decide who can share in their tips?
Maria Van Buren, testifying in federal court on behalf of the U.S. Secretary of Labor testifies, under oath that while the Secretary of Labor's position is that tips belong to the employee, "it's ok for an employer to say that all tips the tips will go into a pot and all the waitstaff and busboys will share".
Is that OK with you waiters? Did all of you authorize the Department of Labor to tell the Ninth CIrcuit that it's OK for your employers to tell you that all tips are going to go into a pot and all wiatstaff and busboys will share?
How can the Department of Labor state that tips are the property of the tipped employee and then turn around and act as if tips are their property to govern?
When a customer gives you a tip, it is your's and your's alone. Unless someone can present concrete evidence proving that the customer didn't want you and you alone to have the tip, your tips are your's. To this day, no one has ever presented evidence proving that the customers who have tipped you wanted other workers to share in your tip.
The U.S. Department is lying when they suggest that there is a list of occupations which are legally entitled to share in any tip a cusotmer presents. The Department of Labor is blatantly lying when they suggest that certain types of employees are eligible to share in a tip pool.
No one has authorized the Department of Labor to suggest such. They are simply making up lies to aid empoyer in contravening federal labor laws. Your employer is violating federal laws when he requires tip pools or tip outs.
Employees who receive tips directly from customers need to bombard the Office of the Inspector General's office with letters and e-mails demanding that charges be brought against the U.S. Department of Labor for violating 29 USC section 203(m).
Both tips and tip pools have been defined under federal regulations. There should be no confusion over what federal laws mean when they state that nothing in this section shall be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
Section 203(m) explains that nothing in this subsection shall be construed to prohibit an employee from pooling his tips as money belonging to him which he may use as he chooses free of any control of the employer. CFR 531.52 has clearly explained that when applying the provisions of section 203(m) tips are to be counted as money belonging to an employee which he may use as he chooses free of any control of the employer.
The DOL is violating section 203(m) by construing section 203(m) as a law that allows the DOL to govern the tips that federal regulations have stated belong to the employee. The DOL has compiled a list of types of employees that can share in the tips receive by an employee even though the DOL, along with federal laws and regualtions clearly suggest that tips belong to the employee.
We tip earners must make our voices heard. We cannot allow our government ot violate the laws they have been entrusted to enforce. '
There are millions of employees across this country, each of whom can honestly say that tthey are being prohibited from pooling tips as money belonging to the employee which he may use as he chooses free of any control of the employer.
The U.S. Department of Labor's opinion which suggests that federal laws do not prohibit employers from requiring tip pools and tip outs is prohibiting millions of employees from pooling their tips, as defined under federal regulations.
Just read CFR 531.52. Just read CFR 531.54. Both regulations clearly explain that tip pooling is not something employers would be allowed to require.
Does the U.S. Department of Labor think we are so stupid that we can't read.
The Department of Labor's lies must be exposed.
While the U.S. Department of Labor openly admits that tips are the property of the tipped employee, they continue to fraudulently suggest that the Department of Labor is authorized to govern the tips tipped employees receive from the public.
Do they think we are unable to read their opinions. There opinions state that certain types of employees, as determined by the DOL, can share in any tip an employee receives, regardless of whether the employee agrees to such sharing.
Employees should be writing letters to the occupy wallstreet people. We have proof that what they are saying is true. Corporate America is running our country. They our paying off our government agencies to let corporations and other business owners violate our laws.
We employees working in the service industry are witnesses to the truth. We must stand united.