In Hawaii is it legal for your employee to make a mandatory tip out for the kitchen and hostess out of your earned tips ?

UPDATED: Oct 1, 2022

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In Hawaii is it legal for your employee to make a mandatory tip out for the kitchen and hostess out of your earned tips ?

My job requires me to tip my kitchen and
hostess a percentage of my tips is that legal in
Hawaii ?

Asked on April 3, 2018 under Employment Labor Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal to tip the kitchen staff, but is likely legal to tip the hostess. Employees who interact with and serve customers in some capacity--including seating them--and who therefore traditionally may be tipped are entitled to a share of the tips: e.g. hostess, waiters, busstaff, bartenders. However, staff who do not engage in such customer service are not entitled to tips.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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