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877.Tip.Pool

I get paid $2.13 an hour, plus tips.  Is that legal?
Restaurants can pay their 'tipped employees' (i.e. waiters and bartenders) $2.13/hour, but only if the employees get to keep all their tips, and they regularly receive more than $30 per month in tips. The difference between $2.13/hour and the minimum wage of $5.85/hour is known as the 'tip credit.' Some states, such as New York, require employers to pay waiters more than $2.13/hour.  Other states, like California, require employers to pay the full California minimum wage ($8.00/hour). 

I am required to share my tips (tip pool) with other employees.  Is that legal?
Sometimes.  However, federal law states that only certain employees can share in the tip pool. Specifically, only those people who "customarily receive tips" may share in the tip pool, i.e. busboys, bartenders, and hosts/hostesses.  Employees who do not regularly interact with the customers are generally not permitted to share in the tip pool.  Therefore, 'back of the house' employees are generally not eligible.

Who is not allowed to share in a tip pool?
Dishwashers, kitchen staff, non-service bartenders, salad preparers, pastry chefs, expediters, members of management, and others that do not directly serve the customer.

I pay for Glass Breakage and/or walk-outs. Is that legal?
No.

I share my tips with non-service employees and/or pay Glass Breakage. What happens now?

If your employer violates the tip pool laws, you (and all other servers) can recover the ‘tip credit’ for every hour that you worked in the last 2 or 3 years, plus liquidated damages, attorneys’ fees, and cost of court.  In many states, including California and New York, you can also recover the tips you lost, plus other damages.

Submit your confidential claim form now.