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The fact that restaurants confiscate and aggregate all tips to divide them among the wait staff and the never-actually-tipped kitchen staff is also not communicated to customers. It is a matter of restaurant policy.

Also illegal, so report a restaurant if you know they’re doing that.

It is legal. It happens everywhere and it's even required by law in New York.


From my reading of the law the vast majority of tip pools are not legal, to wit:

>Tip Pool: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), bussers, and service bartenders. A valid tip pool may not include employees who do not customarily and regularly received tips, such as dishwashers, cooks, chefs, and janitors.

I haven’t yet seen a tip pooling scheme that didn’t also include back of house, i.e. chefs/cooks, and often supervisors or managers which cannot be included by federal law.

But your point stands, my statement was overly broad.

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