Quote:
Originally Posted by retiredguy123
Requiring tipped employees to share tip income with non-tipped employees, like the kitchen staff or the hostess, is illegal. If I were a tipped employee, I would not allow the restaurant to give any tip income to non-tipped employees. It is basically stealing.
From lawsuitlegal.com:
"WHEN IS TIP POOLING ILLEGAL IN FLORIDA?
While tip pooling is legal in some instances, some practices are illegal in nearly every state, including Florida. It is illegal when tipped employees are forced to share their tips with non-tipped employees (managers, cooks, bouncers, etc). A valid tip pool allows for contributions to be shared only among other employees who regularly receive tips. Investigating the pooling practice with an employment lawyer is the easiest way to determine if the pooling practices at your place of employment are in violation of the law."
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Just because something is illegal doesn't mean people won't do it. Do you know of anyone who will hire a lawyer and take a restaurant owner to court for illegal tipping practices? I don't. They have a rapid turnover, and there are lots of other places hiring. It's much easier to take the job, find out it's lousy, quit, and go somewhere else where your time and work is better appreciated.
Also most of these employees don't KNOW that it's illegal. They don't know it's even something they need to look up. They take it at face value because it's their first job, or their first job since they retired in another state 20 years ago, or they just plain don't know any better.