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salaried manager getting equal tips out of tip pool

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  • salaried manager getting equal tips out of tip pool

    Good day all.

    I'm a food/bev server at an establishment where my manager and assistant manager take an equal percentage out of our tip pool, they both receive salary pay. Is this legal?

  • #2
    Probably not legal.

    Tip Pooling: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements,
    http://www.dol.gov/esa/whd/regs/compliance/whdfs15.htm
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