The bottom line is that as long as every employee in the place is making above minimum wage (after properly accounting for mileage if any is paid) tip pooling is perfectly fine.
Gregster, find something else to participate in or go away.
Mods, time to close this one.
I have ask gregster to put up a poll to see how his “contribution” to the Think Tank has been received by the members here. He has not responded either by putting up the poll or by PM so I am of the opinion that he is just here to cause trouble.
Once again gregster you are taking things out of context. You will note the word MAY is used and not the word MUST. To put the quote you use in context.
From your own post
Tip Pooling: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips used for the tip credit may be taken for a pool. Tipped employees cannot be required to contribute a greater percentage of their tips than is customary and reasonable.
So gregster there is your half truth.
No other members are required to put up a poll and be approved by the majority to be allowed to continue to post. I will not submit my self to conditions or requirements that all other members are not held to.
Freedom of speech laws are meant to protect unpopular speech. Popular speech needs no such protection.
As far as the ‘half truth’ it is my opinion that you do not understand the law. Here is an informed and unbiased third parties opinion on the matter:
http://www.nolo.com/article.cfm/ObjectI … 0/249/ART/
Tip Pooling
Many states allow employers to require tip pooling. All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees. An employee can’t be required to pay more into the pool than is customary and reasonable, and the employee must be able to keep at least the full minimum wage (that is, the employee can’t be required to pay any part of the tips the employer is counting towards the minimum wage into a tip pool).
Only employees who regularly receive tips can be part of the pool. Employees can’t be required to share their tips with employees who don’t usually receive their own tips, like dishwashers or cooks.
And no employers are allowed in the pool: Tips from a tip pool can’t go to employers or, in some states, managers or supervisors. Starbucks recently learned this the hard way, when it was ordered to pay more than $100 million to California baristas who had to share their tips with their shift supervisors. (See “Starbucks Baristas Get a Venti Tip,†my blog post about the case.)
Here is further guidance on Tip Pooling from a Labor Law firm
http://www.envoynews.com/elarbee/e_arti … b5gm6J1l,w
Simple Guidelines on Making Your Tip-Pool Legal
by Douglas H. Duerr
It is common in the hospitality industry for employees to share tips with other employees. In many instances, the practice of sharing tips is required as a condition of employment. Although common, not all practices comply with applicable law, but a successful, legal tip pooling arrangement can help control labor costs.
Under federal law, and in many states, an employer can take a “tip credit†against a portion of the required minimum wage. Unfortunately, when tip pooling procedures violate the law, severe consequences can result. For example, an employer might be required to reimburse tipped employees not only for the amount of tips they contributed to a tip pool, but also for the amount taken as a credit against the minimum wage.
In recent months a number of lawsuits have been filed alleging violations of the law as a result of improper tip pooling procedures. Such lawsuits involve a significant number of plaintiffs. As a result, the lawsuits can be extremely costly, both in terms of liability for back wages and liquidated damages, as well as interest and attorneys’ fees.
While it is necessary to review your state’s laws (some states prohibit any mandatory tip pooling) as well as the FLSA’s requirements, there are several guidelines that will minimize the likelihood of legal liability for a tip pooling arrangement:
Include only employees who “customarily receive tips†(which is defined by law). Typically, these are servers, bus boys, bartenders and the like. It would normally not include managers, kitchen staff, and those who do not regularly interact with customers.
The tip-out requirement must be “customary and reasonable.†Generally, that is a tip-out of 15% or less of an employee’s tips. (Note: avoid basing a tip-out on a percentage of sales if doing so could result in the contribution reaching too high a percentage of the employee’s tips, for example, if an “employee’s sales†include merchandise items for which she would not normally receive a tip.)
Ensure that after all contributions and sharing, employees do no fall below the state or federal minimum wage.
Inform employees in writing that their tips will be credited toward the minimum wage and will be shared with other tipped employees.
Tip pooling can present benefits to employers and employees, and no set of general guidelines can ensure compliance with the laws of every state. While the foregoing will help compliance, you should consult with your Elarbee Thompson attorney for specific guidance.
I hope this clears up any misunderstandings about what a ‘valid tip pooling arrangement’ is.
To get a good grasp of who this poster is - visit
Visit the discussion board. He is a major contributor there.
Maybe we can all go there and post statistics on how bad unions are and how they destroy business, employees, and our economy in general. I wonder how well received we would be?
Grester
No other member posts loads of information about subject which everyone here is well aware of.
No other member here is asked time after time to drop an argumentative stance
No other member has provoked such a reaction as you have.
To be totally honest I just can’t see what your point is. You post something from say DOL but don’t actually make a point. You’ve posted items about tip credit and tip pooling - so what - people are aware of them - what exactly are you trying to say?
If you just want to post text and links then I think people here have told you that you are not welcome.
If you want to make a valid point/contribution then do so BUT unless you are a lawyer, or someone with a background in employee law then accept that others here have views which are equally as valid as yours.
And you do not understand the Constitution. Freedom of Speech only applies to Congressional powers, not private parties like the PMQ. A fine example of the sort of “half-truths”.
Here is the first amendment for you edification:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Read the whole thing. It is pretty good.
Ol Boy sure knows how to copy and paste well, doesn’t he?
If we all suppress the desire to reply, his posts will very quickly go to the bottom of the list. He hit a nerve and we all know it. No one likes to be accused of having a lack of integrity. It is a defense mode to respond.
My wife always says “the one who talks the most is the guiltiest”. Seems appropriate in this case. He is justifying his own inappropriate actions in his own business.
Bubba
You’re right that you are being extended an opportunity not extended to others. Usually, when someone is belligerent and accusatory in tone and word, they are unceremoniously dumped from the forum. Daddio is offering a public opinion poll before nuking the account. Not so much an unfair requirement as an opportunity.
Constitutional Amendments are about clarifying governmental powers and limitations. Participating in a community forum (though this one is actually commercially owned) assumes following norms and accepted practices in that community. Lots of folks go on rants and have their favorite themes. But one trick ponies who make accusations and are openly hostile to management, regardless of knowing who they are or not, will generally be poorly received . . . regardless of the message.
Scandalo
I have posted quotes that show that everyone here is not necessarily aware of the laws regarding tip pooling.
Argumentative? I have posted facts about the law. I have included references and further qualified legal opinions of labor lawyers that supports my point.
“No other member has provoked such a reaction as you have.” If this is just boring legal stuff that everyone already knows, then why such an unwelcome reaction? If it is such common knowledge, why not just yawn and move on to the next topic?
My point is that many people are not aware of what the law says about tip pooling. It can be an expensive mistake for a business to make if they are found in violation of wage laws. For that reason I think this information is valuable to business owners who want to reduce avoidable risk in their business. I find it odd that some here want to suppress factual information about minimum wage law and how it applies to the Pizza industry.
If anyone disagrees with what I post, fine. If they believe it is factually wrong, I’d be happy to see any reputable information that contradicts it.
So will you please answer Daddio’s post regarding the use of the word MAY instead of MUST without posting another link.
With regards to you being ‘arguementative’ etc If only one person on this board had a problem with you then its not an issue but the fact that pretty must most of the regular contributors have issues with you must telling you something.
‘If 10 people tell you you stink then chances are (regardless of what you think) you stink’ {sorry I couldn’t find a link to DOL or legal site to back that up so that can’t be true can it?}
What “inappropriate actions” am I guilty of at my place of employment? Talk about accusatory!
I do believe I answered that when I said “…it is my opinion that you do not understand the law”. I think the opinion of a lawyer well versed in labor law trumps my own. So I felt a quote from a qualified legal opinion was the best response. I am trying my best not to argue with anyone here, but I will respond to questions with what I believe is factual information. I believe further discussion of this information can be useful to all here.
Please quote where you specifically believe I have done so and I will respond to those remarks.
C’mon everybody. You know you get a kick out of gregster and his posts. If you didn’t you wouldn’t keep responding, just ignore the thread. I find it amusing that this driver, gregster, thinks he knows so much about labor laws and tips, yet the only thing he can do is cut and paste parts of articles and stories. He is so bitter at his job or Papa John’s that he his trying to fight his crusade in here. It makes him feel important, which everyone has a basic need to feel important, and he is getting that in here.
I am locking this thread. If someone has an issue with this let me know.