In the United States, the Fair Labor Standards Act (FLSA) provides guidelines on tip pooling. According to federal law, tips are considered the property of the employees who receive them, and mandatory tip pooling is allowed among customarily tipped employees, such as waitstaff, bartenders, and bussers. However, federal regulations also prohibit employers, including management, from participating in or benefiting from tip pools.
Some states have additional regulations that further refine these guidelines, specifying the permissible participants in tip pools and the extent to which tips can be shared with non-tipped employees, such as kitchen staff. It’s crucial for restaurant management to be aware of and comply with these regulations to ensure fair and legal tip pooling practices within the bounds of the law.