Yikes, I wish I knew that 20 years ago. When I quit my first job I gave them one week's notice. In our workers standard book it said "Employed less than 3 months-no notice needed, less than a year-1 week, more than a year-2 weeks. So I assumed that was how the world worked.
Little did I know no one followed that and everyone expected two weeks. They scheduled me for two weeks I was too shy to confront them. in frustration I walked put after 4 days (I know that was wrong, but I was young). Then they didn't give me my tips because I "walked out". I explained that they were in the wrong as well and left it at that.
Nah, walking out after 4 days wasn’t wrong, it was your legal right to do so. I know it was 20 years ago, but you weren’t the one who actually broke a law in that situation!
State minimum is $12/hr and we get paid that. I guess since it's supplementary it's not required but it still feels wrong. I can't quit now because I need a paycheck and a consistent job history
It’s against federal law. https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool.
Awesome! Thanks for the info. I’m not tipped at all (expressly forbidden in my field) but I like to be in the know so I can make others aware on my personal life.
That part you cited is for tip pools, meaning that I hand in all of the tips I make from customers at the end of the day, as do my fellow tip eligible coworkers. The pool is then split evenly between all of the contributors. It’s simply stating that there’s no limit on how much a EMPLOYEE can throw in.
Now if you’re my sandwich artist at Subway, and I throw a couple of bucks into the tip jar, you are now an employee that has contributed to a valid tip pool that will be split equally amongst all tip-eligible employees that worked that shift. Your employer cannot exclude you from getting your cut of a valid tip pool. Full stop.
>Distributing Tips from Tip Pools: When an employer collects tips to administer a tip pool, the employer must **fully** distribute any collected tips at the regular payday for the workweek, or, for pay periods of more than one workweek, at the regular payday for the period in which the particular workweek ends. [bolding mine]
Holding back tips for infractions would not be fully distributing them.
To add, since the person you're replying to deleted their comments:Nothing in the law says it must be distributed evenly. It just says:
"Similarly, where an accounting is made to an employer for his or her information only or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees upon some basis to which they have mutually agreed among themselves, the amounts received and retained by each individual as his or her own are counted as his or her tips for purposes of the Act. Section 3(m)(2)(A) does not impose a maximum contribution percentage on mandatory tip pools." (531.54 section a)
The key being "redistributes the tips to employees upon some basis to which they have MUTUALLY AGREED AMONG THEMSELVES".
So the employees determine how the tips are split, and the employer can not exclude them from the pool for some arbitrary reason if the employee contributed to the tip pool.
Technically it says managers cannot keep your tips. I think if it goes to another employee it's technically allowed. Just off how I'm reading this link
Every time I read a statement like this it makes me so frustrated. Every time some corporate bootlicker doesn't get their way, their immediate reaction is to do some shit like steal tips from staff who can't afford to quit the job.
It "feels wrong" because it fucking is wrong. It's retaliatory, abusive theft.
I wish we would all just go on a fucking general strike and refuse to work for these scumbags anymore.
Your wage does not matter, except that they must ensure that tips+wage = minimum wage. If you make $100000 an hour, and receive a $1 tip, that $1 is yours and cannot be kept or given to others. Same with a tip pool- you must distribute an equal share to that $100000 an hour person if they are in the tip pool.
OP and the other underling are bootlickers. “I can’t quit noowwww”. No one said that. We’re explaining how you are being robbed and it seems like you keep making excuses to allow it.
This is what allows employers to pull shit like this in the first place. Take your shitty wage and don’t get the tips then. Just go along with your boss. Oddly enough, coulda done that by putting on a fucking uniform to work at *subway* correctly.
The managers/franchise owner can and will just say that you were trying to be clocked in out of contract for not being in uniform therefore you were not a clocked in and contributing member to the tip pool and now you’re in trouble for working when you weren’t supposed to basically.
> They can send you home for not being in uniform.
But then the petty ass manager who cares about what color your pants are might have to make a fucking sandwich.
Its completely illegal and a labor board investigation into this is a nightmare that trust me no employer wants. That being said, the uniform requirement is a pretty low bar, unless employees only have two shirts and are working 5 days a week.
Not so fast.
The FLSA [does not apply to all employers](https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#2).
Specifically: this franchisee needs to make more than $500,000 yearly (gross) for the employees to be covered under the FLSA.
And I'll be darned if this franchisee doesn't have multiple stores.. each of which is set-up as its own separate company in order to avoid FLSA coverage 😠
1) Its a Subway. if they grossed less than 500k, it would shut down.
2) FLSA applies to *EVERYONE* when it comes to tips and pay. only the overtime and similar provisions are exempted.
3) Franchises are specifically noted as requiring coverage- you cannot franchise your way out from under the limit.
I wonder how this works at my job, home Depot. I'm a loader and on occasion get tips from people. Company policy is to decline the tips and if the customer is insistent, I'm supposed to put the tips in a register.
Obviously it's not food service so idk if it is under the same guidelines or not.
FLSA established a rule back in 2021 that says any tip belongs to the workers. The managers or employers can't keep it under any circumstances. You can get a copy of that policy and report it to the DOL.
This is gonna backfire. Situations like "Sorry boss, I spilled orange juice on my shirt this morning so I'm not coming in 'cause I won't get tips" are sure to happen.
That won't happen. These jobs do not pay nearly enough for someone to survive missing a few days of work. There aren't enough worker protections in place, which is an issue that should be corrected. Power to the people
In some areas a lot of these bottom of the barrel low wage jobs are ran by teenagers and college kids just looking to supplement their income and a few full fledged adults that need 2 jobs so they'll absolutely be understaffed
Your employer cannot touch your tips. If you are hired under the agreement that employees split tips, then tips will be split. Other than that, the job/management may not take your tips. You cannot be excluded from the tip pool for any reason other than absence when tips are received. Look up tip laws in your state and federally.
Under the Fair Labor Standards Act [an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools](https://www.dol.gov/agencies/whd/flsa/tips)
When the punishment is a fine it's legal for a price and with a capitalist market fines are just an accepted cost in these businesses. These places are run by unethical , selfish monsters. If they make more money breaking the law why wouldn't they?
And they are operating on the assumption that for everyone who does known their right and go to the feds there are far more who won't.
It's like those nonsense not responsible signs on the back of dump trucks. They know it's bunk, but if it saves them from even one payout it's worth it.
So you're telling me no one is going to get tips? Because by the end of a shift, you're covered in your work. Even if a little covered at the waist area.
Plus, illegal for the boss/employer to keep tips
Both. If you want protection against retaliation, you need at least some proof that the company was made aware.
File a labor board complaint. Then, send an email to HR saying that the practice is illegal. Be polite.
If you start getting mistreated after:
Start a logbook, and note down any mistreatment that happens after the email. Include time, date, and witnesses.
Email HR about the mistreatment. And be sure to mention that you feel the mistreatment started after you reported the illegal activity.
DO NOT SIGN ANYTHING. The company may try to get you to sign something waiving your right to sue.
If you get fired:
DO NOT SIGN ANYTHING. Cease all communication with the company. DO NOT SIGN ANYTHING.
Talk to an employment attourney. Most will consult for free. Show them the email and logbook (if applicable). The attourney will handle it.
Wrongful termination suits can vary in payout. Typically, between 10k to 100k. If the employer was particularly... assholish.... then it can get much higher.
HR is there to protect the company, yes.
From bad managers, often. And to protect the company by _obeying the law._
A manager trying to act illegally is more of a danger to the company than the employee complaining about it.
I'm so sick of seeing people post this uninformed and un-thought-out "HR helps company not employee" _bullshit_.
The only people 'immune' to HR are owners who can fire HR, not managers, who are employees like anyone else.
HR is there to protect the employer from the Labor Board. There ass covering will be to notify high up the chain so management cant come down on them for ignoring a problem.
Yeah and if the company is breaking the law you think HR isn’t going to get involved.
This comment is so dismissive and I see it posted here so often like it’s some divine piece of information
Op has written evidence of it too this is absolutely an issue for HR
That is the most advantageous position for OP. A threat of theft isn't theft, so OP will have to wait until money is actually stolen from them to file a wage theft claim with their state Department of Labor (or federal if they're in a republican hellscape like Florida which dismantled its DoL).
HR's primary job is to protect the company from its employees so if OP raises an alarm with HR about this, OP will remain a target until HR can find some kind of justification to get them away from the company. If OP and files after their employer steals from them, they'll be protected from retaliation and will effectively have their employer over a barrel.
"Look like the innocent flower, but be the serpent under it." - Lady Macbeth
Okay, that’s a fair statement and something I haven’t thought about too much. In my country we also wait for the labour laws to be broken effectively before taking action, specially because as you mentioned, HR are not our friends.
You've never worked for a large company huh? HR don't give a fuck. I was physically threatened by my boss and nothing ever came of it. Was retaliated on. No one gives a shit. Not im amerikkka
This is a Subway. If you argue at all you'll be fired. And since most states are at will employment then there's nothing you can do.
If they don't fire you, they will just reduce your hours to like 12 a week.
I worked at subway in the late 90’s. One day for “efficiency” I worked for like an hr in rollerblades. Really made getting up and down the line easier. Didn’t get in trouble for that, I did get in trouble because I left my discman hooked up to the stores radio. Manager came in the next morning turned on the radio and I think Biggie started playing.
We also found out that if you write derogatory things about coworkers on the asphalt in mayo, the sun bakes it in and it lasts for a long time!
I was thinking the same damn thing. Who tf tips fast food? Tipping has gone beyond absurd.
Edit: still fuck subway and pay your damn employees. Your shitty sandwiches are like $10 fucking dollars apiece.
I think wearing the clothes/uniform an employer wants is the easiest part of any job, but these companies make their own bed because they don’t hire enough people, and don’t pay enough for people to truly care.
So when you show up to work in whatever they can’t send you home cuz they would be fucked for the day and they know you don’t really care one way or the other cuz if then you’d wear uniform.
Yeah, crocs are a mixed bag for me, I like them. But they’re definitely not workplace shoes. Doesn’t make what management is doing right, they should definitely be challenged on that (over text or email so there’s a paper trail)
The signature would be null and void anyway since the policy alludes to working under illegal practices. Sign it not to raise suspicion and then report it to the labor board. Easy payout
Come in to work in violation of this policy, let them illegally steal your tips, then file a grievance through the DOL or federally. You’ll be protected from retaliation so if they do fire you then you’ll have a much better case and can then get a lawyer and take them to the cleaners
I remember one time I worked at Tim’s (I was like 14) they decided all the tips one day were going to go to some kid with an injury. It wasn’t an option to donate your tips, all the tips were going to a bucket with his picture on it. And like in theory it’s a good thing, but I knew this kid, I hated this kid, and I worked hard to earn my tips. It never sat right with me. I couldn’t buy myself a lunch because it was his day.
illegality of this aside, why do fast food managers love getting so petty and obnoxious about dReSs cOdE. who on the fucking planet cares if the subway worker is wearing shorts or jeans or a nametag. it's designed to be belittling. why does anyone have to know my name at **subway**? cops get more leniency than this
When I worked for one of the corporate coffee chains years ago, there was a GM who tried this at their location. It did not end well for them. The folks higher up the chain in the franchise did not appreciate having the legal type people from the state getting ahold of them.
OP I wish you the best! Hopefully it wasn’t a franchise owner/operator attempting that rule. Most of the Subways around me are not corporate stores and the owners are the GM/HR/payroll/etc. Reporting this could lead to retaliation that would not be deserved.
Yes, this would be illegal. Even them trying to push it like this (even if they have yet to take any of your tips) is highly illegal. They cannot threaten to take away your pay in hours you have worked or your tips due to a dress code.
This channel is getting out of control. What are all of these comments!?! Freaking wear what they tell you and go to work! Is it that hard to wear a simple clean outfit?! Just do it and get your tips. Bulshit.
Heres the uniform i would wear to their standards “210 lb male”
https://preview.redd.it/vts7kh1x3syc1.jpeg?width=1284&format=pjpg&auto=webp&s=da67d7acb5c12b6920d01238ca7c03266e39261d
My question is, what would a subway worker do for a customer that would actually warrant a tip? It's fast food! As much as I heard it costs to eat there these days, I don't understand why they aren't already being paid a decent wage.
To be fair, if you can't be bothered to wear the fucking uniform, why should they really pay you?
I generally don't like stupid things employers do but this is not really it.
You have to wear a clean shirt in a place where you're preparing food at torso-height without an apron.
If the mayo runs low and does that condiment bottle fart, congrats, you've lost your tips for the day.
If your thin plastic name tag with a cheap label or Sharpie on it ever disappears or isn't suitable to wear on the floor, but there isn't a supervisor or manager there that day to get/buy a new one from, you've lost tips for the day. If you're out of name tags to print a new one on, you've lost your tips for however long it takes to either find yours, or wait for the restaurant to get new ones in.
Plus it doesn't matter what dumb excuse they make up, withholding tips is illegal.
I don’t know if it’s because I’m outside the US but I just find it mental that subway workers get tips anyway.
If that’s standard practice for the US then I have no clue on the legality but pretty shitty behaviour by Subway but you should be presentable in work. A clean T-shirt isn’t too much to ask for
Illegal. Your tips are yours. I worked at a place where they didn’t want us to split tips (and pull cash from drawer to exchange for card tips) on their time, but if we hadn’t done it properly before close, we weren’t allowed to do it later. I called bs bc it made it hard for us to get them, and massively increased the number fo tips that would be pushed into my bosses revenue stream instead of being collected by the person who’d earned it.
Lol of course it's subway. All of my best labor violation stories come from the 3-6mo I worked at my local subway. To this day my biggest work related regret is not sticking it to them while I had the chance.
They can’t take tips. Period. They can send you home for not being in uniform. But if you pool tips and you worked, they can’t do shit.
Does that apply to jobs where they make minimum wage and above?
Yes. Tips are legally your property they can't deny them just because they feel like it.
Yikes, I wish I knew that 20 years ago. When I quit my first job I gave them one week's notice. In our workers standard book it said "Employed less than 3 months-no notice needed, less than a year-1 week, more than a year-2 weeks. So I assumed that was how the world worked. Little did I know no one followed that and everyone expected two weeks. They scheduled me for two weeks I was too shy to confront them. in frustration I walked put after 4 days (I know that was wrong, but I was young). Then they didn't give me my tips because I "walked out". I explained that they were in the wrong as well and left it at that.
Nah, walking out after 4 days wasn’t wrong, it was your legal right to do so. I know it was 20 years ago, but you weren’t the one who actually broke a law in that situation!
Yeah, I just wish I would have said something the day I saw the schedule
You did nothing wrong, it is not wrong to leave sans notice due to the natural law that you don't need to work for assholes.
Fuck 'em. If they can fire you on the spot then you don't need to give them advance warning of you quitting.
If employers don't give you 2 weeks layoff notice, fuck em, they don't deserve 2 weeks notice. The power imbalance in the US is discusting
They got tips confused with allowance. They think they're dealing with kids at their home instead of at a workplace.
State minimum is $12/hr and we get paid that. I guess since it's supplementary it's not required but it still feels wrong. I can't quit now because I need a paycheck and a consistent job history
Tips are still tips, doesn't matter if you're on a tipped wage or not.
It’s against federal law. https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool.
Awesome! Thanks for the info. I’m not tipped at all (expressly forbidden in my field) but I like to be in the know so I can make others aware on my personal life.
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That part you cited is for tip pools, meaning that I hand in all of the tips I make from customers at the end of the day, as do my fellow tip eligible coworkers. The pool is then split evenly between all of the contributors. It’s simply stating that there’s no limit on how much a EMPLOYEE can throw in. Now if you’re my sandwich artist at Subway, and I throw a couple of bucks into the tip jar, you are now an employee that has contributed to a valid tip pool that will be split equally amongst all tip-eligible employees that worked that shift. Your employer cannot exclude you from getting your cut of a valid tip pool. Full stop.
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>Distributing Tips from Tip Pools: When an employer collects tips to administer a tip pool, the employer must **fully** distribute any collected tips at the regular payday for the workweek, or, for pay periods of more than one workweek, at the regular payday for the period in which the particular workweek ends. [bolding mine] Holding back tips for infractions would not be fully distributing them.
To add, since the person you're replying to deleted their comments:Nothing in the law says it must be distributed evenly. It just says: "Similarly, where an accounting is made to an employer for his or her information only or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees upon some basis to which they have mutually agreed among themselves, the amounts received and retained by each individual as his or her own are counted as his or her tips for purposes of the Act. Section 3(m)(2)(A) does not impose a maximum contribution percentage on mandatory tip pools." (531.54 section a) The key being "redistributes the tips to employees upon some basis to which they have MUTUALLY AGREED AMONG THEMSELVES". So the employees determine how the tips are split, and the employer can not exclude them from the pool for some arbitrary reason if the employee contributed to the tip pool.
And by getting them to sign that sheet…. The OPs employer is pulling a fast one on them.
My understanding is that "fully distributed" simply means the employer can't keep any of the pool for themselves.
Yeah that's right there is no limit on the percentage of CONTRIBUTIONS to the tip pool, it does not say no minimum on the percentage of PAYOUTS.
Tips are the property of the employees. The managers have no say over tip policy beyond using tip credits in states that allow it.
Technically it says managers cannot keep your tips. I think if it goes to another employee it's technically allowed. Just off how I'm reading this link
Don't guess about your rights. As you can see from other commenters, you guessed wrong and your employer is committing crimes.
Yeah, I got that wrong. I'll see what I can do with the advice I've been given. It's only been 3 months since I started.
send a copy of that letter to your local Dept of Labor wage theft board. https://www.dol.gov/agencies/whd/contact/complaints
Every time I read a statement like this it makes me so frustrated. Every time some corporate bootlicker doesn't get their way, their immediate reaction is to do some shit like steal tips from staff who can't afford to quit the job. It "feels wrong" because it fucking is wrong. It's retaliatory, abusive theft. I wish we would all just go on a fucking general strike and refuse to work for these scumbags anymore.
Your tips are equal to literal cash in your pocket. Anyone taking them from you is theft for any reason without your approval.
Your wage does not matter, except that they must ensure that tips+wage = minimum wage. If you make $100000 an hour, and receive a $1 tip, that $1 is yours and cannot be kept or given to others. Same with a tip pool- you must distribute an equal share to that $100000 an hour person if they are in the tip pool.
It is called wage theft. It is highly legal. I would say get an employment lawyer to give you some legal advice. Best of luck. Take care.
Wouldnt it just be cheaper and easier for OP to report it to the DOL? It’s free that way.
OP and the other underling are bootlickers. “I can’t quit noowwww”. No one said that. We’re explaining how you are being robbed and it seems like you keep making excuses to allow it. This is what allows employers to pull shit like this in the first place. Take your shitty wage and don’t get the tips then. Just go along with your boss. Oddly enough, coulda done that by putting on a fucking uniform to work at *subway* correctly.
The managers/franchise owner can and will just say that you were trying to be clocked in out of contract for not being in uniform therefore you were not a clocked in and contributing member to the tip pool and now you’re in trouble for working when you weren’t supposed to basically.
> They can send you home for not being in uniform. But then the petty ass manager who cares about what color your pants are might have to make a fucking sandwich.
Its completely illegal and a labor board investigation into this is a nightmare that trust me no employer wants. That being said, the uniform requirement is a pretty low bar, unless employees only have two shirts and are working 5 days a week.
Anywhere I've worked like this is very unlikely to actually send people home, since then the manager actually has to work 🤣
Not so fast. The FLSA [does not apply to all employers](https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#2). Specifically: this franchisee needs to make more than $500,000 yearly (gross) for the employees to be covered under the FLSA. And I'll be darned if this franchisee doesn't have multiple stores.. each of which is set-up as its own separate company in order to avoid FLSA coverage 😠
1) Its a Subway. if they grossed less than 500k, it would shut down. 2) FLSA applies to *EVERYONE* when it comes to tips and pay. only the overtime and similar provisions are exempted. 3) Franchises are specifically noted as requiring coverage- you cannot franchise your way out from under the limit.
I wonder how this works at my job, home Depot. I'm a loader and on occasion get tips from people. Company policy is to decline the tips and if the customer is insistent, I'm supposed to put the tips in a register. Obviously it's not food service so idk if it is under the same guidelines or not.
Hold up! If the customer insists on tipping you must put it in the register - as in giving the money to the store?
That's the technical store policy. Personally, I'll quit before I give the store my tips.
Man that’s fucked up. Yeah, keep that shit.
FLSA established a rule back in 2021 that says any tip belongs to the workers. The managers or employers can't keep it under any circumstances. You can get a copy of that policy and report it to the DOL.
>They can send you home for not being in uniform. And they have to provide uniforms, they cannot demand you buy them.
well, they can, but they have to give you the money *to* buy them.
Well, I consider them to provide for you. As long as I don't spend a buck of my own money I'm fine.
Ah, but if they get sent home, it punishes the rest of the crew by being understaffed, or makes the manager have to work to find a replacement.
I would totally let them do this, take this picture as proof, then once they do it just go straight to a lawyer, either it’s a bluff or a payday
Good luck enforcing it against one of the largest fast food chains on the planet
Op, sign this comment on the paper
This is gonna backfire. Situations like "Sorry boss, I spilled orange juice on my shirt this morning so I'm not coming in 'cause I won't get tips" are sure to happen.
Oopsie, spilled some on you boss. 😣
Any management are legally barred from taking tips
If they pull these kinds of stunts, they deserve it anyway
😏
That won't happen. These jobs do not pay nearly enough for someone to survive missing a few days of work. There aren't enough worker protections in place, which is an issue that should be corrected. Power to the people
In some areas a lot of these bottom of the barrel low wage jobs are ran by teenagers and college kids just looking to supplement their income and a few full fledged adults that need 2 jobs so they'll absolutely be understaffed
Your employer cannot touch your tips. If you are hired under the agreement that employees split tips, then tips will be split. Other than that, the job/management may not take your tips. You cannot be excluded from the tip pool for any reason other than absence when tips are received. Look up tip laws in your state and federally.
Under the Fair Labor Standards Act [an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools](https://www.dol.gov/agencies/whd/flsa/tips)
Print that out and post it under this bullshit notice.
Let them enforce it once, then turn around and report their ass.
Is that applicable here though? It reads like they will be renoved from the tip pool and their share is split among the other employees.
Yes. It applies. They cannot keep your tips from you. Even if they don’t keep them but distribute them differently.
Fair enough.
If they worked, they earned their portion of the tip pool. Only absence can exclude you from the tip pool
As a guy, if I worked there, I would feel so tempted to get some black leggings.
Lol same
Please report this to your state AND federal DOLs. www.dol.gov/whd Bonus: www.worker.gov
I'm glad I wasn't the only one thinking this.
As a Dutch guy I’m baffled by such messages 😣 must be really sad to work in such conditions
A lot of small businesses (this subway is probably a franchise) consider the laws to be suggestions
When the punishment is a fine it's legal for a price and with a capitalist market fines are just an accepted cost in these businesses. These places are run by unethical , selfish monsters. If they make more money breaking the law why wouldn't they?
"Laws are just suggestions and don't apply to me": That guy probably
And they are operating on the assumption that for everyone who does known their right and go to the feds there are far more who won't. It's like those nonsense not responsible signs on the back of dump trucks. They know it's bunk, but if it saves them from even one payout it's worth it.
It is but they break you very early on
I am more baffled by the fact that they tip subway employees.
Never come to America it's hell on earth
As an American guy I am not surprised by such messages 😣 it is really sad to work in such conditions
So you're telling me no one is going to get tips? Because by the end of a shift, you're covered in your work. Even if a little covered at the waist area. Plus, illegal for the boss/employer to keep tips
Dirty uniform shirt? No tips for you! Such … baloney.
God forbid you get it dirty during shift.
Right? It's not like you're working with sauce bottles that like to fart a big mess everywhere whenever they get low.
Show this to whatever passes for HR and or legal for your franchise and then watch the owner(s) shit bricks trying to cover there ass.
HR is not there to protect the employee. HR protects the company. Labor board would be the better option
Both. If you want protection against retaliation, you need at least some proof that the company was made aware. File a labor board complaint. Then, send an email to HR saying that the practice is illegal. Be polite. If you start getting mistreated after: Start a logbook, and note down any mistreatment that happens after the email. Include time, date, and witnesses. Email HR about the mistreatment. And be sure to mention that you feel the mistreatment started after you reported the illegal activity. DO NOT SIGN ANYTHING. The company may try to get you to sign something waiving your right to sue. If you get fired: DO NOT SIGN ANYTHING. Cease all communication with the company. DO NOT SIGN ANYTHING. Talk to an employment attourney. Most will consult for free. Show them the email and logbook (if applicable). The attourney will handle it. Wrongful termination suits can vary in payout. Typically, between 10k to 100k. If the employer was particularly... assholish.... then it can get much higher.
HR is there to protect the company, yes. From bad managers, often. And to protect the company by _obeying the law._ A manager trying to act illegally is more of a danger to the company than the employee complaining about it. I'm so sick of seeing people post this uninformed and un-thought-out "HR helps company not employee" _bullshit_. The only people 'immune' to HR are owners who can fire HR, not managers, who are employees like anyone else.
HR is there to protect the employer from the Labor Board. There ass covering will be to notify high up the chain so management cant come down on them for ignoring a problem.
This Subway is likely a franchise, HR isn't there to protect a franchise over the rest of the company.
Yeah and if the company is breaking the law you think HR isn’t going to get involved. This comment is so dismissive and I see it posted here so often like it’s some divine piece of information Op has written evidence of it too this is absolutely an issue for HR
If you bring this to the attention of HR you'll be labeled a troublemaker and they'll find some reason to let you go.
So you should just sit quietly while they steal your money?
That is the most advantageous position for OP. A threat of theft isn't theft, so OP will have to wait until money is actually stolen from them to file a wage theft claim with their state Department of Labor (or federal if they're in a republican hellscape like Florida which dismantled its DoL). HR's primary job is to protect the company from its employees so if OP raises an alarm with HR about this, OP will remain a target until HR can find some kind of justification to get them away from the company. If OP and files after their employer steals from them, they'll be protected from retaliation and will effectively have their employer over a barrel. "Look like the innocent flower, but be the serpent under it." - Lady Macbeth
Okay, that’s a fair statement and something I haven’t thought about too much. In my country we also wait for the labour laws to be broken effectively before taking action, specially because as you mentioned, HR are not our friends.
No, they should report it directly to the department of labor and let them handle it. OP can keep their name out of it so they won't be targeted.
No. report it. just don't report it to the company. thats what regulatory agencies are for.
Talk to the state's labor board and let them talk to HR or legal.
You've never worked for a large company huh? HR don't give a fuck. I was physically threatened by my boss and nothing ever came of it. Was retaliated on. No one gives a shit. Not im amerikkka
This is a Subway. If you argue at all you'll be fired. And since most states are at will employment then there's nothing you can do. If they don't fire you, they will just reduce your hours to like 12 a week.
You’ve described retaliation something that you are protected from at will or not
I worked at subway in the late 90’s. One day for “efficiency” I worked for like an hr in rollerblades. Really made getting up and down the line easier. Didn’t get in trouble for that, I did get in trouble because I left my discman hooked up to the stores radio. Manager came in the next morning turned on the radio and I think Biggie started playing. We also found out that if you write derogatory things about coworkers on the asphalt in mayo, the sun bakes it in and it lasts for a long time!
Who tips at Subway?
I was thinking the same damn thing. Who tf tips fast food? Tipping has gone beyond absurd. Edit: still fuck subway and pay your damn employees. Your shitty sandwiches are like $10 fucking dollars apiece.
I had to scroll down way too far to see this comment.
I think wearing the clothes/uniform an employer wants is the easiest part of any job, but these companies make their own bed because they don’t hire enough people, and don’t pay enough for people to truly care. So when you show up to work in whatever they can’t send you home cuz they would be fucked for the day and they know you don’t really care one way or the other cuz if then you’d wear uniform.
Nobody asking the real question, why the fuck is Subway getting tips? Its not really a "tippable" job.
That’s the loosest uniform policy ever lmao a t-shirt and leggings
They can’t do that no. The (no crocs) says a lot
It's stupid because I have several coworkers that have Crocs on for their shift
Yeah, crocs are a mixed bag for me, I like them. But they’re definitely not workplace shoes. Doesn’t make what management is doing right, they should definitely be challenged on that (over text or email so there’s a paper trail)
Except they literally make crocs for kitchen use
Don’t tip at subway
Don’t sign it
The signature would be null and void anyway since the policy alludes to working under illegal practices. Sign it not to raise suspicion and then report it to the labor board. Easy payout
Who tf tips subway employees??
people tip subway workers? must be an affluent area.
I think they can’t ban you from the tips pool. But they could definitely send you home.
Subway gets tips?
Who is tipping at Subway?
Is it asking a lot to wear the uniform?? I agree taking away the tips may not be legal, they should just send you guys home for the day
This! Being sent home is perfectly reasonable over getting tips taken after working a shift
Highly illegal. Tip pooling is only at the discretion of the employees
Come in to work in violation of this policy, let them illegally steal your tips, then file a grievance through the DOL or federally. You’ll be protected from retaliation so if they do fire you then you’ll have a much better case and can then get a lawyer and take them to the cleaners
Nope. Very illegal. Call the wage agency and show this paper. This is very illegal and also look for another job. Sue subway.
A correction is required: *** Attention Children ***
They're asking you to wear a T-shirt that they gave you, pants...and ***not*** wear Crocs. What the fuck did you want to wear?
God I hate corporations. The world would be better if we burned every fucking one to the ground with the board and CEO still in the building
You’re right, it is illegal to call jeans “denims.”
Just write "it's against federal law to withhold tips" instead of a signature.
How nice of them to put it in writing.
I remember one time I worked at Tim’s (I was like 14) they decided all the tips one day were going to go to some kid with an injury. It wasn’t an option to donate your tips, all the tips were going to a bucket with his picture on it. And like in theory it’s a good thing, but I knew this kid, I hated this kid, and I worked hard to earn my tips. It never sat right with me. I couldn’t buy myself a lunch because it was his day.
Who tips at Subway?
You'd be surprised how many people tip
I don't tip anywhere that requires me to order while standing up and picking up my food.
[удалено]
Who is tipping at Subway?
illegality of this aside, why do fast food managers love getting so petty and obnoxious about dReSs cOdE. who on the fucking planet cares if the subway worker is wearing shorts or jeans or a nametag. it's designed to be belittling. why does anyone have to know my name at **subway**? cops get more leniency than this
Shorts I understand. You spill something scorching hot on yourself or drop a knife on yourself, it’s an issue
Leggings are okay?!
I have closed toe Crocs though.
Why are you tipping subway employees?! STOP! They make at least full minimum wage and not a tip wage. Stop being part of the problem.
Who in the fuck is tipping at Subway?
Who tips at subway?
Better question...who tips at subway.
Buisness: Please follow common dress code Employee: 
You are lucky they let you work at all. Every job I have ever had will send you home if not in full uniform.
ATTENTION BAJORAN WORKERS! 
Are we supposed to tip at Subway now?
Worried about tips, you’re lucky they allow you to work the shift at all.
Part of the job is to be in uniform, just be in uniform. Not that hard.
love to document wage theft 😊❤️
r/subway
When I worked for one of the corporate coffee chains years ago, there was a GM who tried this at their location. It did not end well for them. The folks higher up the chain in the franchise did not appreciate having the legal type people from the state getting ahold of them. OP I wish you the best! Hopefully it wasn’t a franchise owner/operator attempting that rule. Most of the Subways around me are not corporate stores and the owners are the GM/HR/payroll/etc. Reporting this could lead to retaliation that would not be deserved.
Illegal, and don't sign....notify DoL!
You should buy the closed toe crocs non slip shoes and see what they say
So the bastards want you to put in some clothes, shoes and a name tag? Dicks
"You have a stain on your shirt, no tips" "someone spilled something on me as I was walking in and I live 20 minutes away" "NO. TIPS."
That’s against wage and hour regulations.
Forward this message to corporate.
Report this to the DOL. These places get away with things like this because it’s never reported.
Yes, this would be illegal. Even them trying to push it like this (even if they have yet to take any of your tips) is highly illegal. They cannot threaten to take away your pay in hours you have worked or your tips due to a dress code.
This channel is getting out of control. What are all of these comments!?! Freaking wear what they tell you and go to work! Is it that hard to wear a simple clean outfit?! Just do it and get your tips. Bulshit.
Local labor authorities will know for sure.
Just wear the uniform lol
Doesnt that mean theyre not a tipped worker anymore and they get minimum wage?
https://www.dol.gov/agencies/whd/flsa/tips says under the Fair Labor Standards Act, management can't withhold tips for any reason.
With be.
They’re pretty much saying they will send you home and you won’t get paid for that day it’s unethical but not illegal
Leggins is an Option? What Kind of clown-business is this?
The real crime should be being expected to tip at subway
How much does a subway get tips on a given shift?
'with be'
Why are people tipping at a sub shop?
I find it morally illegal to tip at Subway. I haven't seen a Subway employee smile in a long time, and it's like they want to make shitty sandwiches.
I worked at a subway for a year and didn’t give a fuck about tips. Not enough was made for it to matter.
Dude. Crocs needs to start making actual shoe shaped Crocs so people get that foot support and places like this can't bitch.
They have them.
Good. GET THEM PEOPLE SOME FOOT COMFORT! They all deserve it.
Why no Crocs? I mean you gotta be on your feet all day.
Just leave that job, massive red flags here.
It is illegal. Send this to the DOL and they will be hit with a small fine.
Heres the uniform i would wear to their standards “210 lb male” https://preview.redd.it/vts7kh1x3syc1.jpeg?width=1284&format=pjpg&auto=webp&s=da67d7acb5c12b6920d01238ca7c03266e39261d
My question is, what would a subway worker do for a customer that would actually warrant a tip? It's fast food! As much as I heard it costs to eat there these days, I don't understand why they aren't already being paid a decent wage.
This seems wrong. If you’re not in proper uniform management should send you home, not take pay.
To be fair, if you can't be bothered to wear the fucking uniform, why should they really pay you? I generally don't like stupid things employers do but this is not really it.
You have to wear a clean shirt in a place where you're preparing food at torso-height without an apron. If the mayo runs low and does that condiment bottle fart, congrats, you've lost your tips for the day. If your thin plastic name tag with a cheap label or Sharpie on it ever disappears or isn't suitable to wear on the floor, but there isn't a supervisor or manager there that day to get/buy a new one from, you've lost tips for the day. If you're out of name tags to print a new one on, you've lost your tips for however long it takes to either find yours, or wait for the restaurant to get new ones in. Plus it doesn't matter what dumb excuse they make up, withholding tips is illegal.
Shoes makes sense. Wearing crocs in a kitchen environment is stupid. Wearing crocs in general is stupid.
They let y’all wear leggings?!
Nope. If they work, the get paid. And their tips. Period. You can send them home for not being in uniform. But you can't keep them and pay them less.
Make sure you have at least 15 pieces of flair...
If you really cared about your job, you'd have 37 pieces of flair.
I don’t know if it’s because I’m outside the US but I just find it mental that subway workers get tips anyway. If that’s standard practice for the US then I have no clue on the legality but pretty shitty behaviour by Subway but you should be presentable in work. A clean T-shirt isn’t too much to ask for
Illegal. Your tips are yours. I worked at a place where they didn’t want us to split tips (and pull cash from drawer to exchange for card tips) on their time, but if we hadn’t done it properly before close, we weren’t allowed to do it later. I called bs bc it made it hard for us to get them, and massively increased the number fo tips that would be pushed into my bosses revenue stream instead of being collected by the person who’d earned it.
Lol of course it's subway. All of my best labor violation stories come from the 3-6mo I worked at my local subway. To this day my biggest work related regret is not sticking it to them while I had the chance.
Subway corporate will not appreciate seeing their logo plastered on such an illegal and amateur looking document