Can my employer share my tips with kitchen staff and dishwashers?

UPDATED: Sep 30, 2022

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Can my employer share my tips with kitchen staff and dishwashers?

Each night my tips are collected and I get 60% and 40% goes to back of

house employees.

Asked on February 25, 2016 under Employment Labor Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since TN does not have its own laws for "tip pooling", it follows federal law. Accordingly, pursuant to the Department of Labor, only employees who regularly receive tips can be part of the pool. Also, they must receive notice of the tip pool and can't be required to share their tips with employees who don't usually receive their own tips, such as dishwashers or cooks. Finally, no employers are allowed in the pool (i.e. tips from a tip pool can't go to an employer). Finally, the above is also subject to minimum wage law mandates. For further information on this, you can contact your state department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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