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DOL: Managers cannot take pooled tips — even if they also perform tipped work

  • 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.

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