Are there any laws regarding the distribution of tips in Georgia? We pay minimum wage and tips are in addition to that.
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Are there any laws regarding the distribution of tips in Georgia? We pay minimum wage and tips are in addition to that.
We pay minimum wage and tips are in addition to that.
Asked on July 5, 2009 under Employment Labor Law, Georgia
Answers:
GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The Fair Labor Standards Act has a fairly complicated set of rules on tip pooling. Here are some good resources:
http://www.flemploymentlawblog.com/uploads/file/Understanding%20the%20FLSA%27s%20Tip%20Credit%20and%20Tip%20Pooling%20Rules.pdf
http://www.morganlewis.com/pubs/LEPG_webcast_TipPooling_10jul08.pdf
http://www.sfgate.com/cgi-bin/article.cgi?type=jobs&f=/n/a/2009/06/02/financial/f212534D10.DTL
As you can see, there are some guidelines (the DOL says you probably can't force an employee to share more than 15% of his tips) but the courts don't necessarily agree, and the matter is the subject of intense litigation.
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