Is it illegal to pocket your own tip when you are part of a tip pool?

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Is it illegal to pocket your own tip when you are part of a tip pool?

I am a server where we all participate in a tip
pool. I’m pretty good about giving all of my tips
to the restaurant but I’ve had a few regular
customers lately tip me on their credit card
slips and then give me a cash tip for myself. I’m
wondering if this is illegal or just fireable?

Asked on February 4, 2017 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is something you can be terminated for. An employer is allowed to set up a tip pool for employees rather than having employees keep their individual tips. If you ignore your employer's policy and do not put all tips into the pool, they can terminate you; worse, the termination could be "for cause" (for violating policy), which would make you ineligible for unemployment benefits.


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