Systems and methods for managing tips and gratuities

• US 20080065396A1
• Filed: 09/07/2006
• Published: 03/13/2008
• Est. Priority Date: 09/07/2006
• Status: Abandoned Application

• Current Assignee: John Steven Marshall
• Original Assignee: John Steven Marshall
• Inventors: Marshall, John Steven
• Application Number:
  US11/517,550
• Publication Number:
  US 20080065396A1
• Time in Patent Office: Days
• US Class Current: 705/1
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 20/20 Point-of-sale [POS] network systems
• CPC Class Codes: G06Q 40/12 Accounting
• CPC Class Codes: G06Q 40/125 Finance or payroll
• CPC Class Codes: G06Q 99/00 Subject matter not provided for in other groups of this subclass

Abstract

Disclosed are systems and methods for recording, maintaining, and reporting tips and gratuities, optionally including details such as employee, task performed, and shift. In one aspect, inter-employee tip and gratuity transactions are tracked and verified. In another aspect, taxing authority forms and/or returns are automatically generated with substantially decreased administration time and cost, thereby facilitating a user'"'"'s participation in voluntary taxing authority programs. Additionally, the training required by such programs is automatically monitored. In yet another aspect, tips and/or gratuities may be paid as wages. In another aspect of the present invention, employees are provided an opportunity to increase declared tips if the originally declared tips place employee in jeopardy of an audit. In another aspect, interfaces to third-party systems such as POS systems, payroll systems, and the like are provided to further minimize system administration time and data accuracy. In another aspect, Web-based systems are provided.

Claims

1. A method for managing tips comprising the steps of:

receiving at least one first declared value of at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, and combinations thereof from at least one employee;

receiving at least one second declared value of tipouts from said at least one employee;

receiving at least one primary peripheral tip data selected from the group consisting of non-cash sales data, cash sales data, non-cash tips, credit card gratuities, data regarding hours worked by said at least one employee, meal period data, task data, and combinations thereof; and

generating at least one report analyzing said at least one first declared value and said at least one second declared value in relation to said at least one primary peripheral tip data.

2. A method according to claim 1, wherein said at least one report aids a user of said method with at least one of the group consisting of complying with at least one requirement of at least one taxing authority program, accurately reporting income to at least one payroll service, accurately reporting income to at least one payroll manager, and combinations thereof.

3. A method according to claim 2, wherein at least one of said reports is at least one of the group consisting of at least one tax return required by said taxing authority program and an information report including information required to file said at least one tax return required by said at least one taxing authority program.

4. A method according to claim 2, wherein said at least one report is at least one of the group consisting of IRS form 8027, IRS form 4070, IRS form 4070A, a TRAC statement, a tip declaration problem report, an activity summary report, a staff training history report, and combinations thereof.

5. A method according to claim 1, further comprising:

analyzing at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to determine if a shortfall exists; and

performing at least one of the group consisting of notifying said at least one employee of said shortfall, automatically increasing at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to eliminate or minimize said shortfall, and combinations thereof.

6. A method according to claim 5, wherein said shortfall is at least one of the group consisting of a minimum IRS percentage less at least one of the group consisting of actual declared tips, actual declared gratuities, and combinations thereof expressed as a percentage of total sales, a minimum IRS rate less an employee'"'"'s effective hourly rate, a minimum differential value less an actual differential value, wherein said actual differential value is non-cash tips as a percentage of non-cash sales less cash tips as a percentage of cash sales, and combinations thereof.

7. A method according to claim 1, further comprising:

automatically notifying a user of said method of at least one of the group consisting of training deadlines, upcoming training seminars, and combinations thereof.

8. A method according to claim 7, wherein said training deadlines are imposed by at least one taxing authority program.

9. A method according to claim 1, further comprising:

analyzing at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to determine if a shortfall exists;

notifying said at least one employee of said shortfall; and

receiving at least one revision to said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof;

wherein said receiving and said entering of said at least one revision eliminates or minimizes said shortfall.

10. A method according to claim 1, further comprising:

transferring at least one of the group consisting of at least a portion of said at least one first declared value, at least a portion of said at least one second declared value, at least a portion of said at least one primary peripheral tip data, and combinations thereof from at least one interfaced system.

11. A method according to claim 10, wherein said at least one interfaced system is at least one of the group consisting of a point-of-sale system, a timeclock, an electronic cash register, an employer tip and gratuity management system, an employee tip and gratuity management system, and combinations thereof.

12. A method according to claim 10, wherein said at least one interface system is a Web-based system.

13. A method according to claim 10, wherein said transferring is performed via at least one Internet connection.

14. A method according to claim 1, further comprising:

transferring at least one of said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to at least one interfaced system;

wherein said transferring allows at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to be paid to said at least one employee as wages; and

wherein said transferring allows said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to be included in at least one gross wage calculation of said at least one employee.

15. A method according to claim 14, wherein said at least one interfaced system is at least one of the group consisting of a payroll processing system, a time and attendance system, an employer tip and gratuity management system, an employee tip and gratuity management system, and combinations thereof.

16. A method according to claim 15, wherein said at least one interface system is a Web-based system.

17. A method according to claim 15, wherein said transferring is performed via at least one Internet connection.

18. A method according to claim 1, further comprising:

transferring at least one of said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to at least one interfaced system;

wherein said transferring allows said at least one employee to declare at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to at least one employer of said at least one employee.

19. A method according to claim 18, wherein said transferring is performed via at least one Internet connection.

20. A method according to claim 1, wherein use of said method maximizes at least one credit provided by at least one taxing authority.

21. A method according to claim 19, wherein said credit is for social security payments paid for at least one employee for at least one of the group consisting of tips, gratuities, and combinations thereof that exceed minimum wage requirements.

22. A method according to claim 1, further comprising:

calculating an effective hourly rate for said at least one employee; and

notifying a user of said method whenever said effective hourly rate is less than at least one minimum wage requirement.

23. A method according to claim 1, further comprising:

distributing said at least one report to said at least one employee;

wherein said at least one report aids at least one of the group consisting of a user of said method, said at least one employee, and combinations thereof in complying with at least one taxing authority recordkeeping requirement.

24. A method according to claim 15, wherein said paying said at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to said at least one employee as wages includes electronically exporting payroll data.

25. A method according to claim 1, wherein said method is for use by at least one of the group consisting of an employee, an employer, and combinations thereof.

26. A method according to claim 1, wherein said method manages tips on a per employer basis.

27. A method for managing tipouts comprising the steps of:

receiving at least one tipout provided to at least one first employee from at least one second employee;

verifying at least a portion of said at least one tipout; and

providing said at least one tipout to said at least one first employee.

28. A method according to claim 27, wherein said at least a portion of said at least one tipout is received via at least one envelope.

29. A method according to claim 27, wherein said verifying said at least a portion of said at least one tipout is performed by at least one of the group consisting of said at least one first employee, said least one second employee, at least one third employee, and combinations thereof.

30. A method according to claim 29, wherein said third employee is a manager, a supervisor, a head server, a bartender, a floor manager, and combinations thereof.

31. A method according to claim 27, wherein said verifying includes at least one of the group consisting of signing said at least one envelope, submitting an electronic signature, submitting a digital signature, signing via an electronic device that electronically captures said signature, and combinations thereof.

32. A method according to claim 28, further comprising:

receiving information selected from the group consisting of a cash tip value, a non-cash tip value, a cash gratuity value, a non-cash gratuity value, a tipout value, meal period data, task data, employee identification data, and combinations thereof from said at least one second employee via said at least one envelope;

wherein at least a portion of said information is written upon a face of said at least one envelope.

33. A method according to claim 27, wherein said at least a portion of said at least one tipout is cash.

34. A method according to claim 27, wherein said providing of said at least a portion of said at least one tipout to said at least one first employee includes paying said at least a portion of said at least one tipout to said at least one first employee as wages.

35. A method according to claim 34, wherein said paying said at least a portion of said at least one tipout to said at least one first employee as wages includes electronically exporting payroll data.

36. A method according to claim 27, wherein said method is for use by at least one of the group consisting of an employee, an employer, and combinations thereof.

37. A method according to claim 27, wherein said method manages tipouts on a per employer basis.

38. A method for managing tipouts comprising the steps of:

receiving at least one tipout provided to at least one first employee from at least one second employee;

verifying at least a portion of said at least one tipout;

recording a tipout value of said at least one tipout;

placing said at least a portion of said at least one tipout in at least one secure location; and

providing said at least one tipout to said at least one first employee.

39. A method according to claim 38, wherein said at least one secure location is at least one of the group consisting of a cash drawer, a register, a safe, a lock box, a drawer, and combinations thereof.

40. A method according to claim 38, wherein said at least a portion of said at least one tipout is verified by at least one of the group consisting of said at least one first employee, said at least one second employee, at least one third employee, and combinations thereof.

41. A method according to claim 38, wherein said third employee is at least one of the group consisting of a manager, a supervisor, a head server, a bartender, a floor manager, and combinations thereof.

42. A method according to claim 38, wherein said verifying includes at least one of the group consisting of counting a cash portion of said at least one tipout received from said at least one second employee, submitting an electronic signature, submitting a digital signature, signing via an electronic device that electronically captures said signature, and combinations thereof.

43. A method according to claim 38, further comprising:

recording information selected from the group consisting of a cash tip value, a non-cash tip value, a cash gratuity value, a non-cash gratuity value, said tipout value, meal period data, task data, employee identification data, and combinations thereof via at least one interface associated with said at least one secure location.

44. A method according to claim 38, wherein said at least a portion of said at least one tipout is cash.

45. A method according to claim 38, wherein said providing of said at least a portion of said at least one tipout to said at least one first employee includes paying said at least a portion of said at least one tipout to said at least one first employee as wages.

46. A method according to claim 45, wherein said paying said at least a portion of said at least one tipout to said at least one first employee as wages includes electronically exporting payroll data.

47. A method according to claim 38, wherein at least one of said secure locations is a component of a point-of-sale system.

48. A method according to claim 38, wherein said method is for use by at least one of the group consisting of an employee, an employer, and combinations thereof.

49. A method according to claim 38, wherein said method manages tipouts on a per employer basis.

50. A system for managing tips comprising:

at least one software program, said at least one software program configured to accept at least one first declared value of at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, and combinations thereof from at least one employee, said at least one software program configured to accept at least one second declared value of tipouts, and said at least one software program configured to accept at least one primary peripheral tip data selected from the group consisting of non-cash sales data, cash sales data, non-cash tips, non-cash gratuities, data regarding hours worked by said at least one employee, meal period data, task data, and combinations thereof;

at least one processing unit for executing said software program; and

at least one user interface coupled to said at least one processing unit for entering said at least one first declared value, said at least one second declared value, and said at least one primary peripheral tip data for manipulation by said at least one software program;

wherein said processing unit generates at least one report analyzing said at least one first declared value and said at least one second declared value in relation to said at least one primary peripheral tip data.

51. A system according to claim 50, wherein said at least one report aids a user of said system with at least one of the group consisting of complying with at least one requirement of at least one taxing authority program, accurately reporting income to at least one payroll service, accurately reporting income to at least one payroll manager, and combinations thereof.

52. A system according to claim 50, wherein at least one of said reports is at least one of the group consisting of at least one tax return required by said taxing authority program and an information report including information required to file said at least one tax return required by said at least one taxing authority program.

53. A system according to claim 50, wherein said at least one report is at least one of the group consisting of IRS form 8027, IRS form 4070, IRS form 4070A, a TRAC statement, a tip declaration problem report, an activity summary report, a staff training history report, and combinations thereof.

54. A system according to claim 50, wherein said at least one software program is configured to analyze said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to determine if a shortfall exists and to perform at least one of the group consisting of notifying said at least one employee of said shortfall, automatically increasing said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to eliminate or minimize said shortfall, and combinations thereof.

55. A system according to claim 54, wherein said shortfall is at least one of the group consisting of a minimum IRS percentage less at least one of the group consisting of actual declared tips, actual declared gratuities, and combinations thereof expressed as a percentage of total sales, a minimum IRS rate less an employee'"'"'s effective hourly rate, a minimum differential value less an actual differential value, wherein said actual differential value is non-cash tips as a percentage of non-cash sales less cash tips as a percentage of cash sales, and combinations thereof.

56. A system according to claim 50, wherein said at least one software program is configured to automatically notify a user of said system of at least one of the group consisting of training deadlines, upcoming training seminars, and combinations thereof.

57. A system according to claim 56, wherein said training deadlines are imposed by at least one taxing authority program.

58. A system according to claim 50,

wherein said at least one software program is configured to analyze said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to determine if a shortfall exists, to notify at least one user of said system of said shortfall, and to receive at least one revision to said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof via said user interface;

and

wherein said at least one software program is configured to eliminate or minimize said shortfall upon processing said at least one revision.

59. A system according to claim 50, further comprising:

at least one system interface between said at least one software program and at least one interfaced system;

wherein at least one of the group consisting of at least a portion of said at least one first declared value, at least a portion of said at least one second declared value, at least a portion of said at least one primary peripheral tip data, and combinations thereof are transferable to said system from said at least one interfaced system via said system interface.

60. A method according to claim 59, wherein said system interface includes at least one Internet connection.

61. A system according to claim 59, wherein said at least one interfaced system is at least one of the group consisting of a point-of-sale system, a timeclock, an electronic cash register, an employer tip and gratuity management system, an employee tip and gratuity management system, and combinations thereof.

62. A system according to claim 59, wherein said at least one interfaced system is a Web-based system.

63. A system according to claim 50, further comprising:

wherein said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof are transferable to at least one of said at least one interfaced system from said system via said system interface;

wherein said transferring allows at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to be paid to said at least one employee as wages; and

wherein said transferring allows said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof to be included in at least one gross wage calculation of said at least one employee.

64. A system according to claim 63, wherein paying said at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to said at least one employee as wages includes electronically exporting payroll data.

65. A system according to claim 63, wherein said transferring is performed via at least one Internet connection.

66. A system according to claim 59, wherein said at least one interfaced system is at least one of the group consisting of a payroll processing system, a time and attendance system, an employer tip and gratuity management system, an employee tip and gratuity management system, and combinations thereof.

67. A system according to claim 59, wherein said at least one interfaced system is a Web-based system.

68. A system according to claim 50, wherein use of said system maximizes at least one credit provided by at least one taxing authority.

69. A system according to claim 68, wherein said credit is for social security payments paid for at least one employee for at least one of the group consisting of tips, gratuities, and combinations thereof that exceed minimum wage requirements.

70. A system according to claim 50, wherein said at least one software program is configured to calculate an effective hourly rate for said at least one employee and to notify a user of said system whenever said effective hourly rate is less than at least one minimum wage requirement.

71. A system according to claim 50, wherein distribution of said at least one report to said at least one employee aids at least one of the group consisting of a user of said system, said at least one employee, and combinations thereof in complying with at least one taxing authority recordkeeping requirement.

72. A system according to claim 50, said system further comprising:

at least one printer for printing said at least one report.

73. A system according to claim 50, wherein said processing unit is a portable device.

74. A system according to claim 50, wherein said processing unit is selected from the group consisting of a personal data assistant, a laptop, a smartphone, a cell phone, a Web-based terminal, and combinations thereof.

75. A system according to claim 50,

wherein said processing unit is remotely located;

and

wherein said user interface is coupled to said processing unit via at least one Internet connection.

76. A system according to claim 50, wherein said processing unit is a Web-based device.

77. A system according to claim 50, wherein said system is for use by at least one of the group consisting of an employee, an employer, and combinations thereof.

78. A system according to claim 50, wherein said system manages tips on a per employer basis.

79. A system according to claim 50, further comprising:

wherein said at least one of the group consisting of said at least one first declared value, said at least one second declared value, and combinations thereof are transferable to at least one of said at least one interfaced system from said system via said system interface;

wherein said transferring allows at least one employee to declare at least one of the group consisting of cash tips, non-cash tips, cash gratuities, non-cash gratuities, tipouts, and combinations thereof to at least one employer of said at least one employee.

80. A system according to claim 79, wherein said transferring is performed via at least one Internet connection.

82. A system according to claim 79, further comprising:

at least one envelope for providing at least a portion of said at least one tipout to said at least one first employee from said at least one second employee.

83. A system according to claim 79, wherein at least a portion of said at least one tipout is verified by at least one of the group consisting of said at least one first employee, said at least one second employee, at least one third employee, and combinations thereof.

86. A system according to claim 79, wherein said at least one software program is configured to receive information selected from the group consisting of a cash tip value, a non-cash tip value, a cash gratuity value, a non-cash gratuity value, meal period data, task data, employee identification data, and combinations thereof from said at least one second employee.

88. A system according to claim 79, wherein at least a portion of said at least one tipout is cash.

89. A system according to claim 79, wherein said at least one software program is configured to pay at least a portion of said tipout to said at least one first employee as wages.

91. A system according to claim 79, further comprising:

at least one secure location for accepting at least a portion of said at least one tipout.

92. A system according to claim 89, wherein said at least one secure location is selected from the group consisting of a cash drawer, a register, a safe, a lock box, a drawer, and combinations thereof

93. A system according to claim 89, wherein at least a portion of said at least one tipout is verified by at least one of the group consisting of said at least one first employee, said at least one second employee, at least one third employee, and combinations thereof prior to placing said at least a portion of said tipout in said at least one secure location.

94. A system according to claim 91, wherein said third employee is a manager, a supervisor, a head server, a bartender, a floor manager, and combinations thereof.

95. A system according to claim 91, wherein said verifying includes at least one of the group consisting of signing said at least one envelope, submitting an electronic signature, submitting a digital signature, signing via an electronic device that electronically captures said signature, counting a cash portion of said at least one tipout received from said at least one second employee, and combinations thereof.

96. A system according to claim 91, further comprising:

at least one entry interface coupled to said at least one secure location for receiving information selected from the group consisting of a cash tip value, a non-cash tip value, a cash gratuity value, a non-cash gratuity value, said tipout value, meal period data, task data, employee identification data, and combinations thereof

97. A system according to claim 89, wherein said at least a portion of said at least one tipout is provided to said at least one first employee from said at least one secure location.

98. A system according to claim 89, wherein at least one of said secure locations is a component of a point-of-sale system.

81. A system for managing tipouts comprising:

at least one software program, said at least one software program configured to accept at least one tipout value of at least one tipout provided to at least one first employee from at least one second employee;

at least one processing unit for executing said software program; and

at least one user interface coupled to said at least one processing unit for entering said at least one tipout value of said at least one tipout for a purpose selected from the group consisting of recording said tipout value, tracking said tipout value, manipulating said tipout value, reporting said tipout value, validating said tipout value, processing said at least one tipout, and combinations thereof by said at least one software program.

84. A system according to claim 81, wherein said third employee is a manager, a supervisor, a head server, a bartender, a floor manager, and combinations thereof.

85. A system according to claim 81, wherein said verifying includes at least one of the group consisting of signing said at least one envelope, submitting an electronic signature, submitting a digital signature, signing via an electronic device that electronically captures said signature, and combinations thereof.

87. A system according to claim 84, wherein at least a portion of said information is written upon a face of said at least one envelope.

90. A method according to claim 87, wherein said paying said at least a portion of said at least one tipout to said at least one first employee as wages includes electronically exporting payroll data.

99. A system according to claim 81, wherein said processing unit is a portable device.

100. A system according to claim 81, wherein said processing unit is selected from the group consisting of a personal data assistant, a laptop, a smartphone, a cell phone, a Web-based terminal, and combinations thereof.

101. A system according to claim 81,

wherein said processing unit is remotely located;

and

wherein said user interface is coupled to said processing unit via at least one Internet connection.

102. A system according to claim 81, wherein said processing unit is a Web-based device.

103. A system according to claim 81, wherein said system is for use by at least one of the group consisting of an employee, an employer, and combinations thereof.

104. A system according to claim 81, wherein said system manages tipouts on a per employer basis.