Who gets your tips? CT viral video raises concerns

If you tip someone making minimum wage in Connecticut, there’s no state law guaranteeing that workers will see that cash.

That’s what NBC CT Responds found after we heard from concerned viewers about a viral video that’s been viewed 11 million times.

We reviewed the video and reached out to the Connecticut Department of Labor (CTDOL). In it, a Connecticut restaurant employee takes to TikTok saying her bosses are keeping her tips.

“I recently rage quit my waitressing job for stealing my tips. And trying to report them, I may have uncovered a bigger problem,” says the creator, whose TikTok handle is @maidobbs.

We reached out to the TikTok creator multiple times for comment, but never heard back.

In the video, she says the CTDOL told her that it’s okay for her boss to keep her tips.

“They said they also wanted to let me know that it’s totally legal for employers to keep employees’ tips because it’s considered property of the employer and I thought, ‘That sounds funny," she said.

While a spokeswoman for CTDOL says there is a lot of conflated and inaccurate information in the video, she confirms that since the woman made minimum wage as a counter server, an employer could pocket what was collected as tips from the state’s jurisdiction.

CTDOL says “there is no statute that prohibits [restaurants] from maintaining control over gratuities” of minimum wage workers.

Minimum wage in Connecticut became $15 an hour June 1, 2023.

But just because there’s no state statute, doesn’t mean it’s legal federally for an employer to keep a minimum wage worker’s tip.

“Tips belong to the employee,” said Michael Soltis, a Quinnipiac University School of Law professor who represented employers in labor and employment law for 45 years. “That’s spelled out very clearly in the FLSA.”

FLSA is the Fair Labor Standards Act. Under that federal labor law, it also specifically says managers and supervisors may not keep tips.

We asked Soltis what happens when federal law differs from what’s on the state books.

“The general rule with wage and hour is the law that is most favorable to the employee applies,” he said.

The viral video has thousands of comments and questions online.

“Nobody, when you go into a service job, you don't think like you have to, you know, download all the laws,” said Chris Dorado of Milford.

The former bartender says she’s been skeptical of where her tips went while working at a restaurant, and that’s why she commented on the TikTok.

“I had like the urge to comment and say, you know, like, ‘Hey, that's something that happened to me and I'm also in Connecticut,’” she said.

The CTDOL encourages employees who believe they are not being paid in accordance with the law to file a complaint with its wage and workplace standards division.

But its spokeswoman stresses that its department, “does not have jurisdiction to enforce federal law.”

So, for a tip concern like this one, you’re better off filing your complaint with the U.S. Department of Labor's wage and hour division.

If you have questions or concerns, you can call 1-866-487-9243 or click here.

But CTDOL stresses employers cannot take tips from bartenders and waitstaff who make less than minimum wage before tips.

“There needs to be a more clear standard, so that people know what to expect and also so that customers who are the paying customers know where their tips are going to,” Dorado said.

A month after the TikTok was made and after we reached out to CTDOL, the department sent the video creator a letter addressing her concerns.

CTDOL shared the letter with us.

In a follow up TikTok, the worker says she doesn’t want to do an interview until lawmakers address issues at the department.

In the meantime, even the CTDOL says it’s good to ask who the tips go to before you give a gratuity at a counter.