[BlackArcher101]

Originally Posted by FlamesFanInOilCountry

I'm also a restaurant manager. As far as the legality of tips, this is how I understand it...

Tips are protected by Alberta Employement Standards to a degree, I tried to find this legislation on their website, but I haven't been able to, yet. Managers are permitted to receive tips, but only on an equal or lesser scale as the other employees that receive it. So, the way most places conduct their tips are:

Let me know when you find it, because AFAIK, tips are not included in the coverage of wages and earnings in the Emplyoment Standards. I have a friend in the restaurant biz that states he could get away with the tip out practice in this thread due to the lack of standards, but it's more of an industry standard of practice to do it the "right way". Legally, I think there is only a leg to stand on if there was an agreement when hired that tips were handled a certain way and it is changed without acceptance by all staff.

1(1) (j) “earnings” means wages, overtime pay, vacation pay, general holiday pay and termination pay;

1(1) (x) “wages” includes salary, pay, money paid for time off instead of overtime pay, commission or remuneration for work, however calculated, but does not include
(i) overtime pay, vacation pay, general holiday pay and termination pay, (ii) a payment made as a gift or bonus that is dependent on the discretion of an employer and that is not related to hours of work, production or efficiency,
(iii) expenses or an allowance provided instead of expenses, or
(iv) tips or other gratuities;