Hey, a little background and a couple of quick questions.

My restaurant pools all "tips". Tips aren't kept separate from the cash register and are determined by deducting sales from the drawer at the end of the evening. There is no transparency, as all sales records lie with ownership and the senior most server. I have been told by ownership that the amount of money paid from the pool is subjective (performance based) and is also related to seniority. Since we work as a service staff, with no assigned sections or tables, we do not have individual tips.
Additionally, one of our owners will occasionally work in the restaurant serving food and doing other jobs considered tipped positions and then collect tips from the pool. Our dishwashers will occasionally be given money from the pool by ownership for drying glasses, as well.

My questions:
1. Can the restaurant owner collect tips as part of our pool?
2. I work as a bartender and have my own cash register and customers. Can I get out of the tip pool?
3. Do employees have a right to access information about the pool? If so, what information?
4. Can our dishwashers receive money for drying glasses?
5. What does the investigation process entail?

Thank you for your help in advance, it's appreciated!

Start here. See specifically the Retention of Tips section.
http://www.dol.gov/dol/topic/wages/wagestips.htm

My questions:
1. Can the restaurant owner collect tips as part of our pool?
2. I work as a bartender and have my own cash register and customers. Can I get out of the tip pool?
3. Do employees have a right to access information about the pool? If so, what information?
4. Can our dishwashers receive money for drying glasses?
5. What does the investigation process entail?

Thank you for your help in advance, it's appreciated!

According to Colorado wage law, employers may require employees to share or allocate tips and gratuities on a pre-established basis with other employees.
Under Wage Order 25, if the employer requires tipped employees to share their tips with other employees who do not customarily and regularly receive tips (such as management or food preparers), the tip credit towards minimum wage is nullified.

Colorado wage law allows for an employer to assert claim to, right of ownership in, or control over tips only if: the employer posts a printed card at least 12 inches by 15 inches in size with letters one-half inch high in a conspicuous location at the place of business. The card must contain a notice to the general public that all tips or gratuities given by the patron are not the property of the employee, but instead belong to the employer. If the employer does not post a printed card detailing tip ownership as described above, the employer may not exert any control over cash tips designated for an employee.

Start here. See specifically the Retention of Tips section.
http://www.dol.gov/dol/topic/wages/wagestips.htm

Thank you, I found this extremely helpful. A few follow up questions:

Couldn't the employer claim they perform "dual jobs" and are entitled, or is an employer solely an employer in the eyes of the state?

What exactly is the "tip credit"?

Since no one person is responsible for earning tips, is there a delineation between a service staff and a tipped employee?

Thanks again, everyone. We're going to get to the bottom of this.

EDIT: I also forgot to mention that while I worked 42.5 hours last week, my hours were shaved to a neat 40.0 to avoid paying my OT.

Thank you, I found this extremely helpful. A few follow up questions:

Couldn't the employer claim they perform "dual jobs" and are entitled, or is an employer solely an employer in the eyes of the state?

What exactly is the "tip credit"?

Since no one person is responsible for earning tips, is there a delineation between a service staff and a tipped employee?

Thanks again, everyone. We're going to get to the bottom of this.

EDIT: I also forgot to mention that while I worked 42.5 hours last week, my hours were shaved to a neat 40.0 to avoid paying my OT.You need to file a claim with the Colorado DOL.