Can my employer share my tips with kitchen staff and dishwashers?

Each night my tips are collected and I get 60% and 40% goes to back of

house employees.

Asked on February 25, 2016 under Employment Labor Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since TN does not have its own laws for "tip pooling", it follows federal law. Accordingly, pursuant to the Department of Labor, only employees who regularly receive tips can be part of the pool. Also, they must receive notice of the tip pool and can't be required to share their tips with employees who don't usually receive their own tips, such as dishwashers or cooks. Finally, no employers are allowed in the pool (i.e. tips from a tip pool can't go to an employer). Finally, the above is also subject to minimum wage law mandates. For further information on this, you can contact your state department of labor.


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