Tips and gratuity deduction Oklahoma

Go down

Tips and gratuity deduction Oklahoma

Post  DurantBum on Tue Sep 30, 2008 12:36 am

Mad I’m currently working at an Indian casino in Oklahoma as a poker dealer. The casino takes 20% of table games employee tips. The tips are supposedly shared with support staff, supervisors and management. In addition, support staff and occasionally supervisors make tips of their own, which they keep 100% of. As matter of fact supervisors pocket their tips to avoid paying tax on them. Is any of this legal? Do Indian tribes really “run their own Government” and do as they please? With a little over 200 table game employees 20% is a lot of money at about $2 mill. a year. I know support staff and supervisors aren’t making that much money. When this subject was questioned to a supervisor a verbal threat was made to the employee. The employee was told not to bring it up again and that if anyone would continue to talk about it that they would be “dealt with”. This whole situation seems a little fishy to me and I just want some sort of answer. If you can assist me in any way I would greatly appreciate it. Mad
avatar
DurantBum

Posts : 1
Join date : 2008-09-29

View user profile

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  JoeC (McGruff) on Tue Sep 30, 2008 12:56 am

I dont know the ansewer to the jurisdiction question (Indian or Federal or State), I contacted army the moderator of this forum. Below is a link to triabal laws:
http://thorpe.ou.edu/const.html
Hope it helps for now.
JoeC
avatar
JoeC (McGruff)
Admin

Posts : 705
Join date : 2008-08-31
Age : 58
Location : Seattle Wa

View user profile

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  ArmyRetCW3 on Tue Sep 30, 2008 3:35 am

APPLICATION OF THE FLSA TO THE INDIANS


In Federal Power Comm'n v. Tuscarora Indian Nation, 362 U.S. 99, 116, 80 S.Ct. 543, 553, 4 L.Ed.2d 584 (1960), the U.S. Supreme Court stated that a "general statute in terms of applying to all persons includes Indians and their property interests." Likewise, this court has stated "[g]eneral statutes, ... whose concerns are widely inclusive and do not affect traditional Indian or Tribal rights, are typically applied to Indians." Smart, 868 F.2d at 932. A statute of general applicability does not apply to the Indians if: "(1) the law touches exclusive rights of self-governance in purely intramural matters; (2) the application of the law to the tribe would abrogate rights guaranteed by Indian treaties; or (3) there is proof by legislative history or some other means that Congress intended [the law] not to apply to Indians on their reservation...." Id. (quoting Coeur d'alene Tribal Farm, 751 F.2d at 1116) [hereinafter the Smart analysis].6


There is little doubt that the Fair Labor Standards Act is a statute of general applicability for the Act covers employees "engaged in commerce or in the production of goods for commerce," 29 U.S.C. Sec. 206(a), as well as "individuals employed by a public agency." Id. Sec. 203(e)(2). The Supreme Court "has consistently construed the [FLSA] 'liberally, to apply to the furthest reaches consistent with Congressional direction,' recognizing that broad coverage is essential to accomplish" its goals. Tony and Susan Alamo Found. v. Secretary of Labor, 471 U.S. 290, 296, 105 S.Ct. 1953, 1959, 85 L.Ed.2d 278 (1985) (quoting Mitchell v. Lublin, McGaughy & Assoc., 358 U.S. 207, 211, 79 S.Ct. 260, 263, 3 L.Ed.2d 243 (1959)). Given Congress' plenary powers under the Commerce Clause and the judiciary's broad definition of commerce, without question the FLSA must be interpreted as a statute of general applicability. See Rutherford Food Corp. v. McComb, 331 U.S. 722, 727, 67 S.Ct. 1473, 1475, 91 L.Ed. 1772 (1947) (discussing the goal of the FLSA).

Reference: http://bulk.resource.org/courts.gov/c/F3/4/4.F3d.490.92-4035.html
4 F.3d 490
62 USLW 2161, 126 Lab.Cas. P 33,006,
1 Wage & Hour Cas. 2d 929
Robert REICH, Secretary of Labor, Plaintiff-Appellant,
v.
GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION, Defendant-Appellee.
No. 92-4035.
United States Court of Appeals,
Seventh Circuit.
Argued June 10, 1993.
Decided Aug. 27, 1993.
Rehearing and Suggestion for Rehearing

_________________
"A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
avatar
ArmyRetCW3
Moderator

Posts : 11
Join date : 2008-09-09

View user profile

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  JoeC (McGruff) on Tue Sep 30, 2008 5:50 am

Well given Armys post it appears Jurisdiction is federal. I suggest finding a wage & hour employment attorney that practices in federal court in Oklahoma. If multiple parties are involved there could be a class action suite.
JoeC
avatar
JoeC (McGruff)
Admin

Posts : 705
Join date : 2008-08-31
Age : 58
Location : Seattle Wa

View user profile

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  bears00 on Wed Oct 01, 2008 2:42 am

From what you describe, the tip pool is not a legal one. Your employer CAN require you to share tips; however, they may only require you to do so with those who customarily receive tips.

Here is an attorney referral....HOWEVER....it IS NOT an endorsement.

http://www.debeslaw.com/PracticeAreas/Tip-Pool-Violations.asp
avatar
bears00
Moderator

Posts : 71
Join date : 2008-09-02
Age : 42
Location : Somewhere in Louisiana

View user profile http://www.myspace.com/anitrachapel

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  JoeC (McGruff) on Wed Oct 01, 2008 2:56 am

Oh just for the record there is nothing wrong with attorney referrals on this site. If anyone has an attorney that did a good job for them by all means make a referral. In fact there forum just for that as well,but an endorsements can and should be made on any thread where appropriate.
JoeC
avatar
JoeC (McGruff)
Admin

Posts : 705
Join date : 2008-08-31
Age : 58
Location : Seattle Wa

View user profile

Back to top Go down

Re: Tips and gratuity deduction Oklahoma

Post  Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum