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Chris C | Please explain the logic and legality of employer deducting tips from my paycheck.? |
Lets say... I do a haircut that cost $20. The customer uses a credit card to pay. They add $5 as a tip.
It is rung thru, the $25 is now technically in the cash drawer.
I take out $5 from the drawer as my tip.
When I get paid, the paystub shows $5 deducted from my pay.
How is this legal?
Regis Corp Salons (SuperCuts, MasterCuts, HairMasters,etc and other chain salons ALL do it).
Then on top of that, I must claim my tips and am taxed on them at the end of the year.
I don't get how this is legal!
PLEASE!!! Someone tell me how this could be right, and if not, who do I go to, to file a greivance or lawsuit?
Additional Details
Please don't stop giving a tip to a stylist for good service.
Just give it to them in CASH... then it does not get taken away from us and we don't need to declare it.
CASH CASH CASH!!! |
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Viola Shumski
|
Regis Corp is absolutely criminal.
I only go to privately owned salons.
I don't care if any Regis owned salon is GIVING AWAY haircuts. I would never do ANYTHING to support their business.
They are total liars too.
They claim they don't own Great Clips or Sports Clips but look their HQs up online, they are all the same address in Minneapolis.
You can ask your boss if Great Clips is Regis. They will look you in the face and lie, and tell you no.
Hairstylists are like slave workers today.
It is no longer a glamorous or elite profession.
( How do you want your hair cut? Ya want fries with that?)
I would contact a lawyer.
It may be worth your while to file a lawsuit for recompensation as well as a hefty damages amount.
And to the rest of you out there....
TIP in CASH ONLY. |
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ianrothman
 |
Best case scenario:
Let's say, for the sake of argument...
* At the end of the week, your customers paid $1,000 for all the haircuts you did that week (some credit card, some cash).
* The total of all your tips for the week was $200 (also some credit card, some cash).
* You took $200 out of the cash register for all the tips you received that week.
If I were the owner of the shop, I would report on your paycheck that you earned $1,200, withhold taxes based on that $1,200, and then deduct the $200 cash that you already received.
Why? Because tips are income, and taxes need to calculated on those tips. |
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TaxMan
 |
Here is what is happening....probably.
All of your income needs to be reported to the IRS. If you worked somewhere where there were no tips, all of your income shows up on your W-2. Just because someone is giving you cash for your service doesn't mean it shouldn't be reported. If that were the case, those who don't receive cash tips would be paying the tax burdon for those who do receive cash tips which isn't fair. One could argue that waitresses don't make much money, but neither do hotel maids and McDonalds workers.
Your employer is doing the correct thing by reporting all of your income to the IRS. You must tell your employer about your cash tips as well. That is all earnings, just like the $7/hour made by a McDonalds employee is earnings. People who get tips shouldn't be treated any differently. This is not a gift....it is earnings for doing a great job. You deserve the money, but you must also fulfill your obligation to the country and pay your fair share. You do use public highways on your way to and from work, don't you? You do rely on the local police to keep the peace and quiet while you are working, don't you? You expect the water from your tap to be free of disease, don't you?
Since you took the $5 from the drawer, your employer needs to subtract the $5 from your pay. You technically earned $25 total. You took $5 from the drawer, so you get the remaining $20. You are taxed on the whole $25. This is as fair as it gets. You expect to get social security when you retire, don't you? I don't see too many seniors going around saying, "You know, I don't need that check every month. Mr. Social Security, stop sending me checks, please."
Be happy you are employed and that your skills are enjoyed by the public so much that they feel compelled to give you more than what you asked for. Remember, the IRS never gets more than a small percentage of your income no matter what, so go out there and earn as much as you can and give Uncle Sam his share and enjoy life. Stop worrying about a few percent. |
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CA_hiker
 |
You seem to be having problems with basic math.
You got $20 for the haircut.
You got a $5 tip.
All $25 went into the drawer.
You pulled out $5 in cash
Your paystub says you got $25, but they subtract the $5 you already took out of the drawer.
There is NO MISSING MONEY! The check gives you credit for the $20 and you got $5 in cash. 20 + 5 = 25 |
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starryslvr
 |
That really stinks!! It doesn't surprise me but I can understand your frustration completely! I will be learning about this in my next year of college but can't offer any help quit yet. If I were you I would seriously look into this though and find out for sure if your employer is right in doing that. Did you ask your employer about it?
If I get a haircut from you, then I want my tip to go to the person who earned it, not the company. I personally don't let a tip be added on if I use a credit card, I always use cash for a tip. Does your employer make you hand over all your tips at the end of the day? I will be really curious on how this question turns out and will be watching. Goodluck with finding out more info on this. |
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The Nag
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What does your employer say? Have you asked? It absolutley sounds funny to me...if you can't get a straight answer, talk to an attourney. I think that it is ridiculous...tips are gifts from grateful clients. Tax and spend, tax and spend, you gotta love our governement. |
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Ron Berue
|
I’m not an accountant, financial planner or tax attorney - or any type of attorney for that matter. I don’t work for the IRS. I THINK I see what you mean from your perspective. BUT here’s the way the IRS sees it from their perspective:
You want to “have your cake and eat it, too”, don’t you? I’m sorry it doesn’t work that way.
1] You are working in a “cash business.” You aren’t alone. There are many folks working in “cash businesses”. Here are a few: Bartenders; Waiters and Waitresses [more commonly known today as “Servers”]; chauffeurs, etc.
Together with the other professions/positions I mentioned AND many more, your profession was made part of the IRS Code. .
2] The IRS wants “their piece of the action” AND they get it! One way or another - they get it. YOU HAVE to “Pay the Piper”.
3] Please answer this question AND PLEASE be honest with yourself: Of the customers/clients you render your services to and for, how many - as a percentage - pay you using a credit card? 10%? 25%? 40%? 50%? 60%? More? I don’t know. I was never in your business. I DO KNOW its not 100%.
4] Many of your customers/clients pay you with cash. They tip you with cash. From the language in your question, you prefer being paid in cash. THEN you won’t be on the IRS radar screen.
5] There are only two ways I can think about for you to avoid paying taxes on your tips:
a] ALL your customers/clients must pay YOU by cash. ((((The chances are slim to none of this happening AND slim JUST took the last train out.))))
b] Keep very good records and consult with a competent, knowledgeable accountant - one familiar with the workings of your type of business/profession. When you find the right one, MAYBE you’ll save a considerable amount on your taxes next year.
The chains you mentioned above should have competent, knowledgeable accountant[s] OR those chains wouldn’t be making the deductions they make from your paychecks and every other operator’s paychecks, would they?
6] Unless and until you do 5b], you’ll be doing the same complaining every year.
I wish you well!
VTY,
Ron B. |
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Judy1
|
Something sounds really weird here, unless they have added your tips to your wages, then deducted it. You got the money when you took it from the drawer, but that was tip money, not wages money. If the gross on your pay stub is your hourly wage PLUS your reported tips, this makes sense, since you already have the tip portion so they aren't going to pay it to you again.
Have you asked them to explain what they are doing? That would seem like a good place to start.
Lotsa luck. |
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Fatty
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so let me get this straight... when i go to get my haircut, and leave you a tip for a good job... you dont get it? well... you get to go home with cash, that you then have to declare on taxes and gets deducted from your pay... in essence im tipping the salon and not you? thats f**ked up. im never tipping at those places again... its not like it helps the person doing the cutting.
thank goodness they dont pocket the cash. never tip anyone on a card for that matter... especially not your bartender. ok, you can have tips again. it would seem that if i large corporation were doing this, then it is perfectly legal. they pay people to make sure they are compliant with laws. educate your clientelle. beat the system. |
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ingsoc1
 |
its a federal reg now blame waitress for being notorious for under reporting tips |
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stuartzoo
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ingsoc1 is WRONG! Blame Reagan for not allowing waitresses to earn a family sustaining income. |
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