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Tip Pooling Lawyer

Tip Pooling Lawyer

Employers with tipped employees are subject to rules that ensure that their workers are paid fairly in the distribution of tip money. Tip credits and tip pooling are common constructs used to distribute tip money a bit more evenly. However, some employers take advantage of a lack of knowledge among their workers and use tip pooling to funnel money back into the business. This is where a savvy tip pooling lawyer can be of benefit.  The Lore Law Firm has helped countless tipped employees recover damages from employers who have used tip pooling to scam workers out of their hard-earned tip money. 

What Is Tip Pooling?

Tip pooling occurs when tipped workers put a portion of their tips into a pool, divided by a group of employees. Federal law stipulates that employers may require tipped staff members to participate in this structure. Some see this as unfair because it means that those employees with less responsibility or experience may benefit from more experienced staff members.  While tip pooling is, in fact, legal, there are rules in place that govern how this money is split up among participating members. The law notes that the company cannot keep any portion of the tips, and managers and supervisors are prohibited from receiving any money from the tip pool. This rule applies whether the employer take a tip credit or pays tipped staff members full minimum wage.  Some employers use tip pools to include individuals who work in service but are not regularly tipped. For example, this would include cooks, bussers, and dishwashers in the restaurant industry. The purpose is to ensure fairness when servers, hosts, hostesses and bartenders receive the tips but rely on “back-of-house” staff to do their jobs effectively. Tip pools can only be dispersed among service bartenders, counter staff, bussers and lower-level kitchen staff members. 

How Can a Tip Pooling Attorney Help?

A tip pooling lawyer can help you determine whether the tip pool you are participating in is being handled lawfully. Some employers will fail to be transparent in how the tips in the pool are split, leading to questions about who is benefitting. Many tipped employees are more concerned about keeping their jobs and thus may not feel comfortable asking questions of their employers. This is where working with a reputable tip pooling lawyer can help.  The Lore Law Firm will work with you to determine the best next steps for your situation and how we can help you pursue justice if your employer is unlawfully implementing tip pooling practices. Being a tipped service employee does not mean that you are forced to work for an employer that takes advantage of your need for a paycheck and docks your tip pool out of pure greed.  

When Does Tip Pooling Become Unlawful?

Tip pooling becomes unlawful when those who should not be included take money from the pool. This includes supervisors, managers, owners, and anyone else working in a managerial capacity. If this happens, you may have cause to pursue a claim against the company.  Tip pooling also becomes unlawful when it is not set up through pre-arranged agreements of which everyone participating is aware. The policy must be detailed in writing to all participating members of the pool and is typically included in hiring paperwork. 

Get Help from a Tip Pooling Lawyer on Which You Can Rely

Tipped workers rely on the money they receive from providing excellent service to supplement their hourly income. When employers take advantage of their workers by breaking tip pooling rules, they should be held accountable. As a reputable tip pooling attorney, our firm understands how important it is to pursue justice for those who rely on their tips for financial survival. The Lore Law Firm has been a champion for tipped employees victimized by employers who use tip pooling to keep money that does not belong to them.  If your employer has used tip pooling to pilfer money from tipped employees, you may have a case. The best way to know for sure is through a free and confidential case review. Start today by reaching out to us online or calling (713) 782-5291 to learn more. 

Client Reviews

★★★★★

A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.

★★★★★

After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.

★★★★★

We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.

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