I work for a company that requires servers to tip out hostesess' 2.5% of sales. When there is more than one host on, they are required to help bus tables (basically anything but plate so glassware,napkins etc). However, once the manager cuts down to one host, the bussing stops, and that host becomes a greeter/seater only, yet servers are still required to tip the 2.5%. Is this okay?
Yes there are laws on this sort of thing. The main focus will be to determine whether your making more than the minimum wage and that only tipped employees are recieveing tips. When you say 2.5% sales do you mean tips? In order to tell you if this is allowed or not more facts are going to be needed about the type of restaurant and more facts on how tips are distributed. Maybe have a free case evaluation with an employment attorney.
The Fair Labor Standards Act and the DOL regulations interpreting it cover tip pooling and what is an appropriate tip pool. The law does not set forth specific percentages, and generally hostesses are considered appropriate tip pool participants, as they are involved in direct guest interaction.
At first glance, your employer's actions seem to be legal. Feel free to review my legal guide regarding tipped wage employees. It can be found on my page.
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