BUDA, Texas (KXAN) — The popular restaurant in Buda, Valentina’s Tex Mex BBQ, is facing some backlash for its employee tip policy.

If employees broke certain rules, they’d be at risk of not receiving tips. The owners said the policy has since changed.

What was the policy?

A woman who said she is a former employee told KXAN tips were taken at their discretion and when they were taken, they’d be taken for the entire week the incident happened.

According to a screenshot of the policy circulating on social media, tips could be taken for a number of reasons:

• An employee was late
• No call, no show
• Write-up during a shift
• An employee was fired
• An employee quit without two weeks’ written notice

Restaurant owner, Miguel Vidal, confirmed that was their policy.

“That was a screenshot of our handbook that we wrote in 2013 with the policy going in place in 2015 or 2016,” Vidal said.

But, he said it was never regularly enforced and that it hasn’t happened for a few years. Instead, Vidal claimed it was a last-resort measure.

“They got three verbal warnings and a write-up before anything was even discussed,” Vidal said.

The restaurant works in a pool system where everyone equally splits tips. He said their policy was meant to encourage people to pull their weight.

“Create an equal opportunity for everyone to make the money without someone just kind of taking advantage within the team,” Vidal said.

Was that legal?

David Langenfeld, an attorney specializing in labor and employment law,...

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