Tipped Employees and Tipping Out New Hampshire New Hampshire New Hampshire

[hylysly]

I have been in the restaurant business for 9 years. I have been paid hourly, as a tipped employee, and as a tipped-out employee. Currently, as a server, my employer is dictating how much of my tips I tip out to supprting staff, and also to who it will go. This even extends to a newly hired bartender that was promised in writing by the employer 7.5% of each server's nightly tips in addition to his hourly wage and personal tips. Is this legal???

[ScottB]

Legal,

From the US Dept of Labor web site

Tip Pooling: The requirement that an employee must retain all tips does not preclude tip splitting or pooling arrangements 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, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips used for the tip credit may be taken for a pool. Tipped employees cannot be required to contribute a greater percentage of their tips than is customary and reasonable.

I have no idea what is customary and no idea what is reasonable.