You spend hours befriending customers, getting to know them, and going the extra mile to make their experience a memorable one. You work hard. And you deserve to be paid in full for that. But, if you’re like most service workers, you’ve been stiffed on tips. Not just by customers, but by your employer too.
UNPAID TIPS LAWYER | DALLAS, TX
Boss stealing your tips?
Get back double the stolen tips you're owed with an unpaid tips lawyer who gets results the labor board can't.
SEE IF YOU HAVE A CASE
TIPS ARE YOUR BREAD AND BUTTER
Tips are your bread and butter.
Time after time, your employer has found one way or another to dip into your tips:
- deducting excessive credit card fees,
- adding owners and managers to the tip pool,
- expecting you to fork over your tips to cover business expenses, or
- outright pocketing your hard-earned money.
MAKE NO MISTAKE: IT'S ALL ILLEGAL
Unless you fight back, your boss will probably get away with it–again.
That’s why you’ve tried everything to fix it. Confronting your boss. Complaining to HR. Maybe even reporting them to the labor board. But you’re getting nowhere. And while you hold out hope that you’ll one day recover your unpaid tips, bills and past due notices are piling up.
UNPAID TIPS & WAGES LAWYER
There's an easier way to collect your unpaid tips.
Even though there are wage theft protection laws on the books, they’re hard to enforce on your own. Figuring out who to sue, where to sue, and how to win your case is itself a full-time job. Fortunately, you don’t have to figure it out alone.
Hi, I’m Brittaney.
I’m an unpaid tips lawyer who helps Texans take back their tips—without risking their jobs. I’ll admit, I wasn’t always on this side. I started my career on the defense side. For about a decade, I helped employers land on “Best Places to Work” lists, defend wage claims, and deliver industry-leading pay and benefits to employees. I learned just about everything there is to know about wage and hour law.
But I also learned that too many employers prefer to game the system. Some knew they weren’t paying their employees in full. Even though they had the money and resources to do the right thing, they still chose not to. That just didn’t sit right with me. So I switched sides, and founded Davis Employment Law.
Today, I use the insider knowledge I learned from the other side to help tipped workers, just like you, fight back and collect the wages they’re owed, plus penalties that can double their recovery.
HOW EMPLOYERS CHEAT TIPPED WORKERS
Common Tip Violations
Tips belong to the workers who earn them. Yet in Texas, greedy employers use various tactics to cheat tipped workers out of their tips. Just how do companies cheat workers out of pay? Here are the most common ways restaurants, strip clubs, hotels & other employers rip off tipped workers.
Charging Tipped Workers for Credit Card Fees
In Texas, employers can deduct swipe fees from some tips before tip out. But they have to follow these strict rules:
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Never take more than the actual cost of the card processing fee;
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Be sure the fee doesn’t drop your pay below minimum wage; and
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Keep their hands off cash tips.
If your boss has pocketed more than 2-3.5% of your credit card tips, or kept any of your cash tips, they’ve likely violated the Fair Labor Standards Act.
Owners or Managers Stealing Tips
The law is clear: employers cannot keep the tips you earned. Not to pay themselves. Not to pay back-of-the-house staff. Not to cover customer walkouts. Not for broken plates or dishes, either. No matter the purpose, it is illegal for business owners and managers to keep your tips. To protect yourself from this kind of wage theft, it’s best to track the amount of tips you earned. Compare the tracked amounts to the tips you take home. If there’s a mismatch, chances are your employer may be illegally pocketing your tips.
Excessive Side Work
Most employers have to pay minimum wage. For restaurant and hospitality employers, a loophole lets them get away with paying tipped workers less for tipped work. Some greedy employers try to exploit this tipped minimum wage loophole.
They’ll ask tipped workers to come in before work opens, or stay after it’s closed to clean, prep, or do other side work. Sure, some side work is to be expected. But if you’re paid only $2.13/hour for lots of side work that has nothing to do with serving customers, it’s illegal. Your employer has to pay you the full minimum wage, $7.25/hour, for all hours you worked. Paying you any less is wage theft.
If your boss has pocketed more than 2-3.5% of your credit card tips, or kept any of your cash tips, they’ve likely violated the Fair Labor Standards Act.
Illegal Tip Pools
Many employers steal tips by forcing you to share them with coworkers who aren’t allowed to take part in the tip pool. That’s illegal. In Texas, only tipped workers who directly serve customers can receive a share of pooled tips. Management and non-tipped staff can’t take a cut. If you’re forced to share tips with any of the following coworkers, you may be owed back wages:
- prep cooks,
- line cooks,
- dishwashers,
- bouncers,
- janitors,
- disc jockeys (“DJs”),
- house moms,
- front men,
- security guards, or
- other back-of-the-house staff.
Trusted by essential employees just like you
Hear from hardworking people I’ve helped bounce back, and move forward.
How to Get Back Your Stolen Tips
With just three simple steps, you can get the help you need to take back your hard-earned tips.
STEP ONE:
Get a Free Case Evaluation
Tell me your story. I’ll determine if you have a viable case, and suggest the best approach to pursue it.
STEP TWO:
Hire an Unpaid Tips Lawyer with No Upfront Costs
If we both decide to work together, I’ll build your strongest possible case.
STEP THREE:
Finally, Get the Pay & Justice You Deserve
Together, we’ll hold your employer accountable and secure the compensation you’re owed, so you can get back on your feet.
FAQs
Your unpaid tips questions, answered.
It’s common to have questions about working with an unpaid tips lawyer, so I’ve put together a list of the most popular ones I’m asked.
Who is a tipped worker?
Someone who works a service job where they ordinarily get paid at least $30 a month in tips is a tipped worker. Restaurant workers, like servers and bartenders, count as tipped workers; but they’re not the only ones. Other tipped workers include:
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- barbers,
- baristas,
- bellhops,
- dancers,
- entertainers,
- delivery drivers,
- hairstylists,
- nail technicians, and
- valet drivers.
Can I be fired for speaking up about tip theft?
Not legally. It’s illegal for your employer to fire you, cut your hours, or retaliate against you in any way just because you spoke up about your stolen tips. If your employer tries to retaliate against you, an unpaid tips lawyer can protect you. Once unpaid tips lawyers are involved, employers avoid taking any retaliatory action. Most know that they’ll be sued for that too.
If you’ve been fired or experienced retaliation, you may sue for relief, including reinstatement to your old job, payment of back wages, and other damages.
Can I sue my employer for keeping my tips?
Yes. If your employer has stolen or illegally withheld your tips, you can sue to recover what you’re owed. A qualified unpaid tips lawyer can assess your case, gather evidence, and file a claim on your behalf. If you win your lawsuit, you may recover up to double what you’re owed. To see if you have a case, book your free consultation.
What if I don't have all the information you need?
That’s okay. Most people don’t when they first contact me. You don’t need a shoebox full of pay stubs or a perfect record of your hours to get started. If you can share what evidence you do have, such as texts from a manager, paystubs, or your work schedules, that’s helpful. But it’s not the end of the world if you don’t have much.
Investigating and gathering evidence is part of what I do. My job is to build the strongest possible case for you, and I’ll get what we need to do that.
How long do I have to file a tip theft case?
Not long. Every tip theft case has a deadline. It’s called the statute of limitations. For tip theft cases, the statute of limitations gives you 2 years to sue to recover your earnings. If your employer willingly broke the law, you get an extra year to sue. But if you miss the deadline and don’t file your case within that time, you can lose your right to recover your pay. That’s why it’s important to contact an unpaid tips lawyer as soon as you notice problems with your pay. When you do, I’ll look back over the past 2-3 years to determine how much you’re owed and file your case on time so you can walk away with every dime you’re owed.
How much does it cost to hire a tip theft lawyer?
Nothing. You don’t pay me a dime to take your case. I work on contingency, which means I only get paid if we win. And when I win, your employer pays my fee and any court costs. Every dollar I recover for you is yours to keep.
If I talk to an unpaid tips lawyer about my case, will our discussions be confidential?
Yes. Most conversations you have with an unpaid tips lawyer about your case will be confidential. That means I cannot discuss your case with anyone—not your employer, spouse, or even the court without your permission.
There are some situations where your lawyer may tell someone information about you or your case. But they are extremely limited. For example, where:
What can I recover if I sue my employer for tip theft?
An unpaid tips lawyer can help you recover back pay, court costs, and attorney’s fees. Your recovery of back pay damages could be doubled if your employer knew the law but chose to disregard it.
GOT MORE QUESTIONS?
"I’m here to help. I’m committed to helping you understand your work rights."
Managing Attorney, Brittaney N. Davis