Alex Lucifero, CTV Morning Live, on baristas being asked to share tips with management

Interview Summary

Ottawa’s Bridgehead Coffee Shop recently implemented a new policy that has angered many employees and customers. The new policy would allow management to partake of the tips that were originally solely for baristas and wait staff. Are managers and employers permitted to implement policies that could infringe on employee entitlements? What options do employees have in these circumstances?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined CTV Morning Live to answer these questions and more on employee rights.

Interview Notes

• Rules regarding tipping in Ontario: Tips are considered to be a part of income and so employers must ensure they are adequately paid out. Employers are within their rights to determine when tips will be paid to employees.
• Manager entitlements to tips: Managers who are permitted to receive tips must be participating in the same type of work that other employees are partaking in to receive their extra compensation. By law, managers should not receive tips if they are not doing work which would result in extra wages.
• Reporting conflicts of interest: It is important to remember that an employer cannot implement a policy that will result in a negative impact on an employee’s pay. This could lead to constructive dismissal. Employees can refuse to accept the proposed change in pay structure.