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Can a "Valid Tip Pool" include owners & be used to pay bussers hourly wages? Illinois

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  • Can a "Valid Tip Pool" include owners & be used to pay bussers hourly wages? Illinois

    The restaurant owners have a tipshare of 3% of sales that I was told is used to pay for counter help and bussers. The 3% is deducted whether or not we have a counter person working and when we do it it is almost always one of the owners. I was told that it also is distributed to the busser (who only works Fri & Sat nights), who later informed me that he receives no tips, only an hourly wage.

    When I asked one of the owners about the tipshare he got extremely defensive and said it is all accounted for, and if I didn't like it I could find other employment. I haven't encountered this situation before, but it doesn't seem right. Is this legal? and yes I've already read the federal statement and it only refers to a "valid tip pool" without defining it more than as a distribution to employees that would normally receive tips. If the counter person and busser only work 2 nights a week why do we have to pay out every night?
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