I work the graveyard shift at a hotel in Texas. My job title is Overnight Valet Supervisor but don't let the title fool you I am the only person on duty during my shift. I get paid $9/hr which is above the minimum wage. I get paid bi-weekly and about 6 weeks ago I noticed a negative $78 with the word tips. I emailed my manager what this was and just yesterday he got back to me saying that everyone has to claim tips now. The problem is that I never reported those amounts to anyone which is now up to $200. This is a small hotel and I don't come anywhere near to making the amount of tips they are claiming for me. I rely on my hourly pay which now comes out to being the equivalent to a $1/hour pay decrease. First can my employer claim tips that I didn't even receive? Secondly do graveyard employees have some kind of exemption as there probability of getting tips is significantly lower? Thanks for any help.

Sounds like fraud to me. Get a different job. Or a different boss.

There is no exemption for graveyard shift employees for claiming tips and never has been.

your employer is ripping you off plain and simple

"he got back to me saying that everyone has to claim tips now." Well you can drop the word *now*--it's been the law all along.

Go to irs.gov and download form 1244 and fill it in and give it to him on a weekly basis. Do NOT let them make a number up for you.