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Originally Posted by retiredguy123
To clarify, Federal law states that any tip received by a "tipped" employee, as defined by the IRS, is the property of the tipped employee. If any of that money is required to be shared with any non-tipped employee or management it is theft and a violation of Federal law. It is legal for a restaurant to require tipped employees to pool their tips to be shared with other tipped employees, but no one else can receive the pooled money.
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The bolded part of what you state is incorrect. Here's the actual paragraph pertaining to that point:
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Employers that do not take a section 3(m)(2)(A) tip credit. An employer that pays its tipped employees the full minimum wage and does not take a tip credit may impose a tip pooling arrangement that includes dishwashers, cooks, or other employees in the establishment who are not employed in an occupation in which employees customarily and regularly receive tips. An employer may not receive tips from such a tip pool and may not allow supervisors and managers to receive tips from the tip pool.
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So yes, employers may absolutely require tip pooling with the bussers, cooks, hostess, and other employees who normally wouldn't get tipped, as long as the wait staff is paid the federal minimum wage (which is $7.25/hour), before any tipped income is applied. The employer and shift supervisor and shop manager can't receive any of that pool, but all the other non-management employees can, as long as the minimum wage requirement is met pre-tip.