Potential Restaurant Tipping Pool Violations: Are You Paid Fairly?

It’s all too easy for employers to take advantage of their employees, especially in a restaurant setting where wages often rely on fluctuating tips and tipping pool systems. Because of these types of wage structures, employees aren’t always aware that they aren’t receiving the compensation they’re owed.

The Fair Labor Standards Act (FLSA) aims to protect restaurant workers from wage violations, but these regulations aren’t always enough to keep employers accountable. If you think you may be a victim of tip pool violations in a restaurant job, make sure you know your rights.

  • The attorneys of Shellist Lazarz Slobin have ample experience fighting for the rights of restaurant workers, and our firm is currently investigating potential violations at restaurants under Landry’s Inc., Brinker International, and Lettuce Entertain Your Restaurant groups. If you think you may have an employment law case based in tipping violations, our Houston lawyers are prepared to help determine whether you have grounds for legal action.

According to the FLSA, employers may legally gather the tips of tipped employees to distribute via a tipping pool. Additionally, the law permits employers to pay employees less than minimum wage, so long as the employees are tipped enough to meet minimum wage. The FLSA has several rules in place to protect the rights of employees who rely on tips to earn a fair living.

Tipped employees are not to share their earnings with non-tipped workers. Common examples of tipped employees include servers, bussers, bellhops, concierge workers, bartenders, and movers. Any worker who receives minimum wage, does not rely on tips, and has no interaction with the customers should not be involved in the tipping pool. Managers, supervisors, and other similar roles are also exempt from the tipping pool. If your tips are distributed to any of these positions, you could be the victim of a tipping pool violation.

Do You Have a Case? We Can Help!

Tipping violations can be extremely serious and could cost you a significant share of your regular earnings. You work hard for your money, and you have every right to pursue justice against an employer who seeks to unfairly prevent you from the wages and tips you deserve. If your tips have been withheld or unfairly distributed, our firm can help investigate the issue, determine your employer’s liability, and take legal action on your behalf.

Contact Shellist Lazarz Slobin today to schedule a case evaluation with our Houston employment law attorneys.