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tippooling.com
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Tip Pooling
A tip (also called a gratuity) is a sum of money tendered to certain service sector workers for a service performed or anticipated. Such payments and their size are a matter of social custom. Tipping varies among cultures and by service industry. Though a tip is seldom required, and its amount is usually at the discretion of the patron being served, in some circumstances failing to give an adequate tip when one is expected is a serious faux pas, and may be considered very miserly, a violation of etiquette, or unethical. In some other cultures or situations, giving a tip is not expected and offering one would be considered at best odd and at worst condescending or demeaning. In some circumstances, such as with U.S. government workers, receiving of tips is illegal. Source: Wikipedia
Most bar and restaurant employees make the brunt of their income from tips. "Tipping out" or "tip pooling" is nothing new. All tips go into a common pool and at the end of the shift the employees share equally in the tips.
However, there are rules that govern this practice, and the most important of these is that tips belong to the employee.
Not all employees share in tips. Cooks, dishwashers, line crews, cleaning crews, and most importantly employers (including managers) are never to share in an employee's tips. If you are required to tip pool (or tip share) with employees who do not have direct customer interaction (like kitchen workers, managers, doormen, valets, cashiers, or other non-service employees), your employer is likely violating wage laws and not paying you the money you are entitled to.
The law on tip pooling is clear: employers who take a tip credit and pay servers less than the minimum wage must allow their servers to keep all their tips (except those tips that are shared with other tipped employees), and the tips and wage must add up to at least the minimum wage.
If you are in a tip pooling arrangement and believe you are not getting the share of tips that you are legally entitled to,
you should contact an attorney.
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