Managers or supervisors of tipped workers cannot participate in a tip pool, even if they also perform tipped work, according to the U.S. Department of Labor.
A business owner with at least a 20% equity interest in the enterprise and actively engaged in its management is considered a manager or supervisor who cannot keep other employees' tips.
However, managers or supervisors may keep tips received directly from customers based on the service they directly and solely provide.
Employers have faced penalties for including salaried managers in tip pools, which is not a popular form of compensation among the public.