Tip Pool Violations
Hospitality
No one works harder for their money than people who receive a tip or gratuity as part of their compensation, ie. waiter, bartender. If your employer requires you to pool your tips and share them with employees who do not directly serve customers, please contact a tip pool violations attorney at the Law Office of Lowell J. Kuvin. We have helped clients receive retroactive compensation for every hour they worked for an employer who violated tip pool regulations.
An employee who regularly receives tips as a part of his or her pay also receives, under federal and Florida law, a minimum wage of $4.23 per hour. In order to have this exemption from the minimum wage apply, the employee must regularly receive more than $30 per month in tips, and be allowed to keep all of his or her tips. The tips plus wages combined must add up to at least the $7.25 per hour minimum.
Tip Pooling: Legal or Illegal?
Some employers require their employees to participate in a "tip pool," where they share their tips with others. Federal law provides that only certain employees are entitled to share in the tip pool. Specifically, only those people who "customarily receive tips" may participate in the tip sharing pool.
Examples of people who may properly share in the tip pool are: hosts, hostesses, busboys, and bartenders. Those who are not entitled to share in the tip pool include: non-service bartenders, bar backs, kitchen staff, assistant managers, store managers, expeditors, janitors, and other employees who do not regularly interact with the customers.
Tip pool violations are common. The result of tip pool violation litigation, however, can be significant.
See more here at Florida Restaurant Law
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