Tip pooling itself is legal. Some bar and restaurant owners use a tip pool, asking the wait staff to combine their tips and split them up evenly rather than having each member of the wait staff take the tips that they specifically earned. This can help if the owner wants the wait staff to be able to help patrons at multiple different tables, for instance, rather than having assigned sections. It can help the staff provide better service.
That said, a tip pool can still be used illegally. One example of this is if the owner of the restaurant – or a supervisor or manager – includes themselves in the tip pool.
If your boss is taking a percentage cut out of the tips, that is a violation of your rights as an employee. You should only have to split your tips with other members of the wait staff.
Why would an employer do this?
In some cases, it is just a clear example of wage theft. The employer wants to take 10% of the tips even though they are not helping the wait staff simply to get more income. They see that as their right since they own the restaurant, perhaps being unaware of how wage and hour laws are actually written.
In other cases, the owner or supervisor may have to help the wait staff. Perhaps there is a busy lunch rush, so they help carry some of the food and drinks out to the tables. They may think that this gives them the right to include themselves in the tip pool because they were acting as a member of the wait staff. However, they still cannot be included, even if they helped out in a specific situation.
If you believe that your rights are being violated and that you are not being paid your correct wages, it is crucial that you understand what legal options you have.
