mn1998: Can a restaurant owner or the managers take tip from the servers?
I work in a mom and pop kind of restaurant and the owners make us tip the kitchen every night about 10%. Is that legal. They also work as host, hostess and servers sometimes, and then make us share the tips with them. I like to know if this is legal. If not what are the legal options do I have. I am only interested in legal comments related to laws and procedures.
Answers and Views:
Answer by wizjp
uh…tips are subject to the rules of the business in question until they have been distributed in hand to the employees in question.
Probably totally legal; give the local National LAbor RElations board a call and discuss with them.
Answer by BauranThat’s called pooling tips, it’s common, very common. Taking the whole of the tip “pool” and passing it out to all those involved in the process.
If they were taking 10% of your tips and puting them in their pocket maybe, but as you described it, this doesn’t appear to be the case.
Answer by billyboy64As long as the tips are being properly reported to the IRS for tax purposes, it’s legal. It’s also the right thing to do. When I go to a restaurant, I tip based not only on the service I receive, but on how the food is. The kitchen staff is just as much of the dining experience as the servers are.Answer by My 2 Cents
Do they share the 10% with the kitchen staff? The purpose if taking a % is to share it with the other staff who are working in the back or bus boys etc.
If they are host/hostess/server then they should get a share, just like the cooks and bus boys.
If they are not sharing with the other staff equally, then that is wrong.
They are being cheap by taking a share of the tips as they own the place too. But id they are sharing it equally then, that is good.
Legally, servers usually get paid less than minimum, because tips make up for the difference. Your local Labour Board will be able to give you the legal rights in your state/province.
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