Quote:
Originally Posted by BrianL99
In Tip Sharing arrangements, all "Tips" going into the "pool", regardless of if they are paid in cash or as part of a credit card/debit card transaction.
Employees who are not traditionally tipped (dishwashers/cooks/etc are allowed to participate in Tip Pooling arrangements, under some circumstances.
Managers cannot participate in a Tip Pool, but are allowed to keep Tips they receive, provided they are paid for service provided by the manage alone.
Federal Register
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Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal |
The only circumstance where non-tipped employees can receive tip pool income is the following:
"an employer that pays tipped employees the full minimum wage and does not take a tip credit may require tipped employees to share tips with dishwashers, cooks, or other employees who are not employed in an occupation in which employees customarily and regularly receive tips"
I don't think that applies in most restaurants because typically, they do not pay servers the full minimum wage. But, as a general rule, tips received by a server are the property of the server, not the restaurant.