Is it legal for a restaurant to divide gratuity with a non table serving banquet manager?

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Is it legal for a restaurant to divide gratuity with a non table serving banquet manager?

The back story behind this is there is a restaurant with the holidays has hired a banquet manager to schedule holiday parties. The banquet manager is paid a standard wage while the servers are paid the minimum server wage of $2.13 an hour. There is a mandatory 18% gratuity which is applied to the total bill. It is divided 5% to the banquet manager, 5% to each of the two servers assigned and the remaining 3% goes to the bar. The banquet manager is normally not scheduled for shift during these parties do to the fact that she normally works day shift and most parties take place at night. Is this a legal tip pool?

Asked on December 18, 2012 under Employment Labor Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you have written about is an internal issue with your place of employment. If the presumed employer-employee handbook does not allow what you have written about and prior custom and practices has never allowed the banquet manager from getting a piece of the tips based upon what you have written, then the banquet manager should not be allowed such.


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