Pooling and Sharing Tips

Tip pooling and sharing is practiced in most food service industry jobs. Waiters and waitress share their tips with co-workers who assist them and would receive tips independently, such as busboys and bartenders. Occasionally, however, waiters and waitresses are required to share their tips when it is illegal to do so.

If you believe you have been cheated out of earned wages by your employer, contact the experienced San Antonio employment lawyers of Melton & Kumler, LLP by calling 800-681-6932 to schedule a free consultation.

When Is It Legal versus Illegal?

The laws pertaining to tip sharing and pooling vary by state; however, in Texas this practice is regulated by the Fair Labor Standards Act (FLSA). Under this legislation, tip pooling and sharing is arranged with the following stipulations:

• No employee has his or her tips reduced by more than 15%
• Tip pools only exist between normally tipped employees (i.e. someone that customarily makes at least $30 a month in tips—such as busboys and bartenders)
• Sharing tips with non-tipped employees (food expediters) must be completely voluntary
• All employees receive at least minimum wage for each hour worked. If tips do not account for the wage gap, employers must compensate workers.

Contact Us

If your employer has failed to uphold the law set forth by the Fair Labor Standards Act, you could be eligible for compensation. Contact the San Antonio employment lawyers of Melton & Kumler, LLP to discuss the details of your case by calling 800-681-6932 today.