Is it legal for me to be forced to contribute 100% of my tips to a tip pool that includes kitchen staff and management?

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Is it legal for me to be forced to contribute 100% of my tips to a tip pool that includes kitchen staff and management?

They pay the kitchen staff $6 an hour because we the servers pay them the rest. They generate no tips. The manager is tipped in on a regular basis so they can cover shifts when people quit, there are large events or parties. I have 11 years experience, I get $1 more per hr than someone with no experience. How is this legal?

Asked on April 4, 2012 under Employment Labor Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not the tip situation at work is legal or not depends upon what the presumed employee employer manual states. If there is such a manual, I suggest that you carefully read it for information concerning the tip situation. If there is reference in this manual to your question, the manual's terms should govern your question.

If not, then custom and practice of what has been happening regarding the tip situation with respect to pooling over the past year or so would dictate how the tips are to be divided at the restaurant that you are working at.

Your other option would be to consult with an attorney that practices in the area of employment law regarding your question.


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