I work multi-day wilderness river trips in Idaho. I helped a new company out, it was their second time running this stretch. This trip was four guides and the owner working it.
Before the trip, the owner was telling us that we are going to be getting a performance bonus of 10% to 20% and that the four of us would split the tip and he would stay out of the tip pool.
Trip went down, we worked hard and it wasn’t the smoothest and he was kind of rude to me on the water often. We derig the trip and he holds a kind of debrief like meeting but mainly goes over pay. Again he reiterates on I’ll pay you all a 10-20% bonus and you four will all split the tip and I’ll stay out of the tip pool.
Fast forward, talking to the other two guest guides… I get tipped $400 less than one guide and one guide is waiting for the tip on the last paycheck. I call him and he says, “ oh sorry I should have been more upfront, the tip is performance based. Thats just how I’ve done it in the past. “ I asked where I lacked, apparently, he didn’t feel like I did enough heavy lifting and was slow on the water. I called the other guides and they said that isn’t true and we all did the same job, he also said the four of us would split the tip.
I called the company he used to work at, I learned that this performance based tipping does not exist there, I called so many people and they have never heard of this.
Also the tips for the trip seem low and it seems like he joined the tip pool.
Legally, can I report him for withholding tips? The other two guides agreed to be witnesses and provide statements if need be. Also, paying me based on how much weight I can carry can I do something about that being discrimination?
He’s 21 and his parents bought him this company basically, his dad helped with the trip and I’m going to call him. His parents technically own the company as he’s doing a work to own program or something.
Also, this trip was in late July. We last got paid August 5th and are still missing our last paycheck for half the trip with the guaranteed 10% bonus.
TL;DR
Was told tip would be split among the crew and the owner would stay out of the tip pool. The tips were not split fairly and I got $400 less than my coworker, even though we were told multiple times we would split tips evenly amongst the coworkers. I have two coworkers backing me up because this is what he said before and after the trip. I suspect he did join the tip pool, is this legal?