The pooled money is then given out to tipped employees according to pre-arranged system.Tip pooling is permitted under both federal and Tennessee law, but only if employers follow certain requirements.
Tip pooling laws state that tip pooling is legal as long as the tipped employee is paid the server minimum wage (.98/hour in 2014) in addition to tips, and the tip pool is not shared with management or supervisory employees, or with employees who do not generally interact with customers, e.g., “back of the house” employees such as dishwashers, kitchen staff, salad preparers, chefs and expeditors.In other words, the only staff members who are entitled to share in the tip pool are “front of the house” employees who serve customers directly such as waitstaff, bussers and hosts/hostesses.For purposes of Section 63G-4-201, commencement of an adjudicative proceeding at the Division to resolve a complaint under minimum wage requirements is accomplished by the complainant filing a complaint form.The complaint form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Subsection 63G-4-201 (2).of rules under Title R610, please contact the promulgating agency (Labor Commission, Antidiscrimination and Labor, Labor).
A list of agencies with links to their homepages is available at https://gov/government/
If, upon investigation, the Division concludes that a violation of Sections 34-40-103, 34-40-104, 34-40-201, or 34-40-203 has occurred it may impose a penalty pursuant to Sections 34-40-202 and 34-40-204. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order. In computing any period of time prescribed or allowed by these rules or by applicable statute: 1.
The day of the act, event, finding, or default, or the date an Order is issued, shall not be included; 2.
When a hospitality business requires employees receiving tips to pool a portion of their tips together, this is known as mandatory tip pooling.
While “tipping out” occurs when tipped employees voluntarily contribute some of their tips to support staff, “tip pooling” is different as business owners require tipped employees to pool a portion of their tips.
The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day; 3.