I am a server in a fine dining restaurant in Texas that requires servers to tip out 5% of their sales each night. The standard is usually 3%. This is said to go to support staff, busboys, bartenders, and food-runners. Well, we are always understaffed in the support staff while there are always more than enough servers. On an average night, we sell $15000 worth of food and wine. That means we are tipping out $750. We have 4 busboys that make $50 for the night tops, 3 bartenders that get paid a flat rate of 10 dollars an hour, and 1 food runner that gets paid a 10 dollar flat rate as well. Lets say the flat rate people worked 6 hours, which is a generous estimate. Thats a total of $440 of the $750 that is being paid for help. Is that legal for the employer to take that much of a profit out of employee tips? Shouldn't they have to pay these employees a base wage in addition to the tip out? The servers are paid $2.13 an hour, plus tips. But 1/3 to to 1/4 of our tips are taken and "distributed". I read an earlier post that said they couldn't pay us that wage unless we got to keep all of our tips??