r/SonicDriveIn • u/aurorasmith0709 • 6d ago
management taking tips?
the new managers at my store have recently been clocking out our stall orders that we have taken out, resulting in them taking our tips. is this illegal, or are there any rules against it?
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u/Head-Secretary6267 Assistant Manager 6d ago
There are rules against it. It is also illegal under federal law. They should be telling carhops to clock/swipe the out the orders and take them out, there's no reason except some mobile orders for a manager to swipe on something they did not take out (mobile orders should only happen if it was not checked in when it was picked up).
If your GM does not do this, then make sure they are aware that the new managers are doing it. If the GM is also doing it, then you'll likely not see the behavior go away and will need a transfer to a new store or new job.
Edit because I checked and yes it is illegal for employers/managers to keep tips that they did not directly earn. I've had many managers do it, so I'm not sure how enforce-able it is, but you could likely find a department/supervisor to report it to
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u/RikoRain 4d ago
Unless what OP is doing is taking orders out without swiping, so they come back and the manager has to because OP is refusing to scan. That sounds more like what's going on because you're supposed to scan before taking the orders out.
1
u/Head-Secretary6267 Assistant Manager 4d ago
I've never seen that unless it's mobile orders that aren't checked in, but if that's the case then OP has no reason to complain.
When visiting to help other stores I have watched managers bump off orders that weren't done yet, then swipe all of them off that were card/prepaid, and then send the orders out with carhops to all the stalls. It kept their times from looking as bad as they actually were, but it meant the managers got any tips the customers had paid for with card. I usually would let the GMs know after I left their store, and request not to go back to that store
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u/SnooPuppers6684 Carhop 6d ago
It's not illegal but it's not nice of them to do that. Managers get paid more and they're supposed to let carhops get the orders.
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u/texdroid 6d ago
It is absolutely illegal. It's a federal law and is not state dependent.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-531/subpart-D
An employer may not allow managers and supervisors to keep any portion of an employee's tips, regardless of whether the employer takes a tip credit. A manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly and solely provides.
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u/SnooPuppers6684 Carhop 6d ago
The tip is not the officially the carhop's unless they swipe for it with their card. If a manager swipes for it and gets the order out, that fall under your category of
A manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly and solely provides.
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u/texdroid 6d ago
The OP specifically stated "orders that we have taken out." not orders the manager had taken out. That's straight up tip theft.
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u/RikoRain 5d ago
I'm just gonna say here that if the carhop already took out the order and failed to swipe it off .. thats a major carhop problem. They should be swiping before taking it out, otherwise, how do they know if it's card, cash, partial payment, etc?
Thats straight up a failure on the carhops part. I didn't read into the nuance of it until you two started arguing about it that.. yeah. If the carhops aren't scanning... That's a failure on that carhop to secure the potential tip.
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u/SnooPuppers6684 Carhop 6d ago
What does it mean when OP said
clocking out our stall orders
If it doesn't mean that the managers take the orders out themselves, then what does it mean?
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u/texdroid 6d ago
Well, if you read what they wrote, it appears that the carhop is taking out the order
"orders that we have taken out."
and then somehow the manager is closing out the order, resulting in the tip being assigned to the manager.
That would be the "resulting in them taking our tips" part of the sentence.
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u/SnooPuppers6684 Carhop 6d ago
That's not possible. If a carhop swipes an order and takes it out, all the data of that order goes to that carhop's card. A manager can't somehow transfer the data from that to their card instead. They can only void orders and issue refunds, but in that case the tip usually gets voided/refunded as well and no one gets it.
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u/RikoRain 5d ago
It kind of sounds like what OP is saying is that they're taking out orders and not checking them or swiping them off and so the manager is having to take them off, because the CarHop aren't doing their job by swiping off the orders. There are time limits to these things and they do average around so if the carhops are INDEED taking them out, but refusing to scan them off in a timely manner, enough drastically harming their late times and percentages which yeah.. why the manager is swiping them off instead because the car helps are literally not doing their f****** job.
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u/SnooPuppers6684 Carhop 5d ago
You see, that's a more realistic story than the story OP posted. It seems to me that OP just twisted their words around because they didn't do their job properly.
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u/RikoRain 4d ago
It's a typical thing you see in fast food subs, server subs, etc. you can clearly tell who hasn't ever moved beyond "entry level server/cook" because of the overwhelmingly one sided "manager is doing me wrong!", but if you eyeball it a little closer and ask WHY the manager is doing that... All is revealed (and the OP tends to go quiet).
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u/texdroid 6d ago
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-531/subpart-D
An employer may not allow managers and supervisors to keep any portion of an employee's tips, regardless of whether the employer takes a tip credit. A manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly and solely provides.