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.
