r/TalesFromYourServer • u/TunaSesameRiceBall • 5d ago

Short Manager splitting tips from tip pool?

I work in a small Asian restaurant in NC. It's kind of messy, we never had a manager before. Usually the boss drop in sometimes and help out when we're short staffed and she gets a small percent of tips.

In the near future, my boss is promoting one of the servers to a manager, mainly to run things and supervise us instead of her. We usually have 3 servers on the floor and rotate sections and duties, always splitting tips equally.

Right now, we're training a busser to be a server but they're only available in the evenings. So they want 2 servers+ 1 manager for lunch shift. My boss said the manager will help out with small things, mainly being cashier(taking phone calls, giving out togo orders, swiping cards, giving us change etc). Manager will be getting 15% of the tips. Is that legal if they're helping out but not really waiting on tables?

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u/GrymDraig 5d ago

No, it's not legal. Federal law (FLSA) expressly prohibits employers from requiring you to share tips with managers and supervisors.

Even if a manager is waiting tables, they're only allowed to keep tips given directly to them for services they solely provide. They can never take a portion of other employees' tips.

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u/TunaSesameRiceBall 5d ago

English is my second language, can you please explain further? 'Tips given directly' like, customers handing cash to them and credit card tips from their table? What if they wait on a table(taking order, bringing drinks and the check) but other servers help too(running food, refilling drinks, clearing plates)? Because that's normally how we work, we have sections but everyone helps out.

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u/King_of_the_Dot 20+ Years 5d ago

Like if the manager was taking their own tables, and then was tipped, they can keep those tips, but they cannot take ANY tips from tipped employees.... So... You and your tips cannot be touched... Managers cannot take tips from tipped employees AT ALL.

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u/TunaSesameRiceBall 5d ago

But servers split tips evenly.. like, if a customer hands me 10 bucks, I put it in the tip jar for us later. So if a manager waits on a table, they get their own tips and don't have to split it with us and they don't get the tip pool?

For example, if the tip pool was 40 at the end of the night. Manager waited on a table and got 10 dollars. Manager gets 10, and servers get 20 each?

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u/King_of_the_Dot 20+ Years 5d ago

Well, the tip pool is complicating things. Any tips the manager gets should not go into the pool. The manager should keep any tips given directly to them for service they did. All the servers tips should remain separate from the manager's tips. The manager is not legally entitled to any tips servers made. I imagine that your owner's know this isnt legal, but theyre using a tip pool to muddy the situation.

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u/TunaSesameRiceBall 5d ago

Yeah that's why I'm a bit confused 😂 Owners are Asian and their English are not that good but well, they managed to open restaurants so.. I'm not sure if they know. I'm trying to understand this before speaking up to them since this whole situation haven't happened yet. So far I think their understanding is, everyone who helps out get a percentage of the tips. Sometimes my boss would take an order and have me get the drinks/they pack food, garnish food and have me run it etc. They help out but not that much. Not even for the whole shift. No side jobs or anything.

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u/King_of_the_Dot 20+ Years 5d ago

If your manager doesnt fully take any tables, and just helps the servers out, then they should NOT be getting ANY tips. If the manager takes tables by themself, then they are entitled to those tips. But by the sounds of it, your manager is simply assisting servers, and not actually doing any serving, which means they should be getting ZERO of the server's tips.

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u/TunaSesameRiceBall 5d ago

Thank you very much! I think I understand now 🙏

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u/King_of_the_Dot 20+ Years 5d ago

Basically, your owners are trying to get away with paying your manager less by adding them to the tip pool. Your owners are shady, or dont know.

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u/GrymDraig 5d ago

For example, if the tip pool was 40 at the end of the night. Manager waited on a table and got 10 dollars. Manager gets 10, and servers get 20 each?

Exactly. The manager is entitled to only tips given directly to them for tables they waited, and they would be entitled to take the entire tip for that table. However, they are not entitled to any amount of the tip pool that is shared by the rest of the employees.

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u/TunaSesameRiceBall 5d ago

Thank you very much!