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Server tips out busboy wages? North Carolina

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  • Server tips out busboy wages? North Carolina

    Scenario is I work at a place where we servers make the server wage $2.25 plus tips. There are two of us. My place of business is hiring a dishwasher. They are going to pay $2.50 per hour to the dishwasher and us two servers are also required to pay him $2.50 each for every hour we work with the dishwasher from our tips. So we are actually paying more for him than his own employer is paying. Is this a legal practice here in NC? Recently moved here from out of state where this type of situation was not practiced.

    Thanks in advance for your input!!
    Last edited by jclinansmith; 03-23-2010, 06:06 PM.

  • #2
    Tip pools are not inherently illegal, contributions to tip pools must be "reasonable and customary". I don't know how much $2.50/hr is as a percentage of your average tips in a day, but I doubt such percentage would be reasonable.
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm


    Contact the state Dept. of Labor for an informed opinion. You'll need to know about how much in tips you average per hour/week.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Certainly read the factsheet Patty cited. I am skeptical that dishwashers would be considered by the government to be someone who customarily receives tips. However your title mentioned "busboy", whom is someone more likely to be subject to being tipped.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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