Can our employer post our sales and tips?

My employer (owner of the restaurant) sends out emails regularly containing information about server and bartenders sales, average tip percentages, and monthly credit card tips. She does not ask permission from any of the employees. My question is if this is legal to send personal information to all employees containing income, without permission? I realize she is trying to raise competitive natures amongst the servers and bartenders, but no one in the last email wanted their business shared.

Rita Risser Chai replies:

Yes, this is legal, and a time-honored way to motivate employees to improve. If you do not find it motivating, you can always leave. Good luck.


Posted 12-10-2018

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Rita M. Risser Chai is the founder of Fair Measures. An attorney in California for 20 years and now an attorney in Hawaii, she authored the Prentice Hall book, Stay Out of Court! The Manager’s Guide to Preventing Employee Lawsuits. She developed most of the curriculum used by Fair Measures, created the firm’s first website praised in HR Magazine, and wrote numerous articles on employment law including one on best practice harassment prevention training published in the magazine of the American Society for Training and Development (now ATD). She taught Law and Human Resources at the University of California, Santa Cruz, for eight years, and has presented four times at the annual conventions of the Hawaii Society of Human Resource Management.