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In Texas, tip pooling is legal but with limitations. Here's a breakdown of the rules:
* Eligible employees: Only employees who customarily and regularly receive tips can be included in the pool. This typically means servers, bartenders, and bussers who directly interact with customers.
* Ineligible employees: Back-of-house staff like cooks, dishwashers, and food preparers generally cannot participate in the tip pool. Managers and supervisors are also ineligible.
Including ineligible employees like cooks in the tip pool is illegal in Texas. If this happens, you may be entitled to recover all your tips that went to the pool, the full minimum wage, and other damages.
Here are some resources for more information on Texas tip pooling laws:
* Texas Workforce Commission: https://efte.twc.texas.gov/tip_pooling.html
* Texas Law Help: https://texaslawhelp.org/article/tipped-employees
I personally would never serve at a place that did tip pools. I understand why some places do it, but it only really helps the ones that don’t get fantastic tips, the ones who run their butts off and make amazing tips usually end up getting screwed and walk out with a lot less than what they really should’ve walked away with.
I like it when I work somewhere where everyone is willing to help everyone else out and there's a collective spirit, but if there's too many slackers or free riders I hate it.
I also hate them. I have worked for restaurants where we tipped out the cooks and busers which I believe is better than a tip pool because at least I know exactly how much and where my tips are going. Tip pools, we don’t know how much is the tip pool or who is getting what.
Encourage customers to tip in cash.
Illegal in places. I recommen suing.