Recovering Stolen Tips in Maine
My employer is taking my tips — here's what Maine law says and what to do next.
Statute: Me. Rev. Stat. tit. 26, § 626
Deadline: 14 days
Penalty: Employer may be liable for the unpaid wages plus liquidated damages, reasonable attorney fees, and court costs
What is recovering stolen tips?
Wage theft is when your employer fails to pay you what you are legally owed. It is the most common labor violation in the United States — the Economic Policy Institute estimates that workers lose more than $50 billion per year to wage theft, exceeding all robberies, burglaries, and auto thefts combined.
Common forms of wage theft include: not paying overtime, paying below minimum wage, stealing tips, forcing off-the-clock work, misclassifying employees as independent contractors, and making illegal deductions from paychecks. The FLSA and state labor laws prohibit all of these practices.
What to Do If Your Employer Is Stealing Your Wages or Tips
Step 1: Keep your own records. Track hours worked, tips received, and pay received. Use a notebook, spreadsheet, or app — any contemporaneous record is valuable evidence.
Step 2: Compare your records against your pay stubs. Look for discrepancies: missing hours, lower tip amounts than you earned, unauthorized deductions, or overtime not paid at 1.5x.
Step 3: Raise the issue with your employer in writing. Email or text creates a documented record. State the specific discrepancy and the amount you believe you are owed.
Step 4: If your employer does not correct the issue, file a complaint with the DOL Wage and Hour Division at 1-866-487-9243 or online at dol.gov. You can also file with your state's labor department, which may have stronger protections.
Step 5: Consult an employment attorney. Many wage theft attorneys work on contingency (no upfront cost). Under the FLSA, you can recover back wages, an equal amount in liquidated damages (double damages), and attorney's fees.
How Maine differs from federal law
Maine provides protections against wage theft and tip violations:
- Minimum wage (26 M.R.S.A. § 664): Maine's minimum wage is $14.15/hr (2024), with annual CPI adjustments. All employers must pay at least this rate for non-tipped workers.
- Tip credit: Tipped employees must receive at least 50% of the minimum wage ($7.08/hr in 2024) as a direct wage. If tips do not bring the employee's total hourly earnings to at least $14.15/hr, the employer must make up the difference.
- Tip pooling: Tip pooling is allowed among employees who customarily receive tips. Employers, managers, and supervisors cannot participate in tip pools or retain any portion of employee tips.
- Wage payment requirements: Maine law requires employers to pay wages on regular paydays at least every 16 days. Employees must receive all earned wages, including overtime and tips, on time.
- Enforcement and penalties: Employers who violate wage and hour laws may be liable for unpaid wages plus liquidated damages. The Maine Bureau of Labor Standards investigates wage complaints and can order restitution.
Additional steps in Maine
File wage complaints with the Maine Bureau of Labor Standards at (207) 623-7900 or maine.gov/labor/bls. For tip violations, document your hours and tips carefully. Contact Pine Tree Legal Assistance at (207) 774-8211 for free legal help.
What you should NOT do
Don't rely on your employer's time records alone. Employers sometimes alter timekeeping records. Your personal records are admissible evidence and can contradict employer records.
Don't wait too long to file. The FLSA has a 2-year statute of limitations (3 years for willful violations). State deadlines vary. File as soon as you identify a problem.
Don't assume small amounts aren't worth pursuing. Wage theft often accumulates over months or years. A few dollars per shift adds up to thousands. Class action lawsuits are also common for systemic violations.
Don't fear retaliation. It is illegal for your employer to fire, demote, or punish you for filing a wage complaint. If they do, you have an additional retaliation claim.
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Generate your unpaid wages →This page is general legal information for Maine, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Maine.