Workplace Culture
By Dan Whitehead, Jana Reserva
Jan. 16, 2025
Tipping in restaurants isn’t just about the food; it’s about the entire dining experience—and it relies on teamwork. Serving food is as important as cooking dishes, cleaning plates, and resetting tables. While a study shows that 77% of diners say the quality of service influences how much they tip, it’s worth considering: should tips be shared beyond servers and also among the broader team of restaurant employees that contributes behind the scenes? After all, a good experience is a collective effort involving both front-of-house (FOH) and back-of-house (BOH) staff. This is where tip pooling comes in.
Everyone is familiar with the traditional tipping model: diners pay a voluntary but socially expected tip of at least 15% for good service. This is usually a cash tip directly handed to their server and kept by that server. Tip pooling is a formal arrangement that allows the restaurant to collect all gratuities and then redistribute the total amount of tips between workers.
Tip pooling is based on the idea that a gratuity is given for the overall dining experience, not just how quickly and politely the food was served. This means kitchen staff, bartenders, bussers, and front-of-house hosts all share in the reward.
The way the mandatory tip pool is handled can vary from restaurant to restaurant. There is no legally mandated method of working out how tips are pooled. Common ways of working out the tip split include:
Given how central tipping is to the service industry economy, it’s no wonder it’s been a legislative battleground. Federal law governing tips has undergone several significant changes over the years, including who’s entitled to keep their tips, who’s eligible for tip pooling, determining tip-facing occupations, recordkeeping rules for employers, and how tip credits can come into play.
But after all of the rigorous changes, from new rules being enacted to some being repealed, here are the fundamental principles of federal tip laws:
Tips are exclusive to employees
The US Department of Labor strictly prohibits employers, including managers and supervisors, from keeping any portion of employees’ tips, whether the tips are received directly or via a tip pool. They are explicitly not allowed to demand, request, or coerce staff members to surrender their tips outside a legally compliant tip pooling or distribution system.
Tip pooling
Employers can establish a system to manage gratuities and require employees to pool tips. However, managers and supervisors are not eligible for tips from these pools. It could include, however, non-tipped employees such as kitchen staff as long as the employer doesn’t take a tip credit and pays employees the full minimum wage.
Tip credit
Employers can pay employees less than the federal minimum wage through a tip credit. For instance, employers can pay as little as $2.13 per hour if tips bring the employee’s total earnings to at least the federal minimum wage.
If an employee performs dual roles, the employer can only take a tip credit on the job that has tipped tasks such as serving customers. For instance, an employee is working as a server and a janitor. In this case, the employer can’t use a tip credit for the hours the employee performs janitorial work because that’s not a tipped job.
Service charges
Unlike tips, service charges are mandatory fees added to a client’s bill and are considered as property of the employer. Should restaurant owners choose to allocate a portion of the service charges to employees, those amounts would be classified as wages, and not tips. However, employers can use those amounts to meet federal minimum wage requirements under the FLSA.
Some states impose additional rules around service charges. For instance, in New York, restaurant owners must explicitly disclose how service charges are allocated in contracts, invoices, or menus. If a portion of the service charge will be shared with employees, the allocation must also be disclosed.
The main thing to remember is that unless a formal tip pooling system is in place, tips belong to employees, not the restaurant. While restaurants are allowed to bring in a tip pooling system, best practice says it should be done with the employees’ agreement and clearly explained in their contracts.As always, with any labor legislation, there may be local or state laws relating to gratuities. For instance, California doesn’t allow employers to take tip credits. Be sure to check your exposure or seek legal advice in this area before proceeding with any decisions regarding the income of tipped employees.
The main benefit of tip pooling is that it addresses the imbalance between front-of-house servers and other staff by pooling gratuities and disbursing them to all staff. Although well established, traditional tipping is an erratic way of being paid. Tips can also be vulnerable to discrimination since they rely entirely on social expectations rather than legislation. This means that even for serving staff who benefit from tips, the amount earned can vary wildly depending on myriad factors.
Tips can also create an “us and them” situation between front-of-house (FOH) and back-of-house (BOH) staff. Most restaurants experience this friction, where cooks and bussers are out-earned by servers simply because one group earns tips and the other doesn’t. Hiring kitchen and other backroom staff is easier when they’re not at a disadvantage compared to tipped front-of-house workers.In theory, tip pooling can strengthen teamwork by encouraging a greater focus on the overall dining experience.
Anything that impacts how much money staff takes home each shift is bound to cause friction, and tip pooling is no exception. As you’d expect for a system that takes money from one group and hands some of it to others, it’s divisive. Implementing such a system can introduce negativity into the workplace if handled poorly.
While some locations have found a workable tip pooling model, with buy-in from all staff, there is a strong chance that it simply takes a small pool of money and spreads it more thinly. Research has shown that although diners expect and prefer their server to keep all of their tips, a tip pooling system doesn’t change the amount people tip.
Tipped employees mostly rely on their tips more than their contracted salary to make ends meet. This means anything that cuts into that income can have an immediate impact on their quality of life and, by extension, their engagement at work. Introduce a tip pooling system to an existing restaurant, and your best front-of-house staff, the ones used to earning the most in tips, may well leave for a restaurant that uses traditional tipping to maintain their income level.
Implementing a tip pooling arrangement is a balancing act. When done right, it can foster teamwork and fairness. However, if mismanaged, it risks impacting employee retention and morale. If you believe every team member contributing to the guest experience deserves a a part of the tip, getting it right from the start is crucial. Here are some practical tips for building a tip pooling system:
Create clear and fair policies.
While there’s no specific FLSA-mandated structure to building a tip pooling system, creating a system that works for your team is essential. Employers must develop a policy that is fair to all employees. Start by assessing your operations and determining the best distribution method. Should tips be allocated based on roles, hours worked, or shifts? Outline clear factors for determining allocations to ensure everyone understands and agrees on the system’s fairness.
Monitor, evaluate, and adjust.
Like any company policy, your tip pooling rules should not be set in stone. Since they directly affect employees’ wages, reviewing them regularly is crucial. Is the system meeting your team’s needs? Are there gaps in fairness or clarity? Gather feedback and make adjustments as needed to enhance employee reception or ensure compliance with legal updates.
Understand the legal framework.
While you have the flexibility to structure your tip pooling policy, it must comply with federal and state laws. It is essential to understand the Fair Labor Standards Act (FLSA) and any applicable local regulations regarding tip pooling and wage distribution. Maintaining compliance ensures that your system is both fair and lawful, helping you avoid costly penalties.
Communicate with your employees.
Transparency is vital to successful implementation. Explain the policy to your employees during onboarding and provide them with accessible resources for reference, such as an employee handbook. Managers should also be prepared to address questions or concerns along the way.
Use technology to stay on top of tip pooling calculations
Managing a restaurant involves many complexities, and handling payroll for various staff and teams is challenging on its own. Adding tip pooling to the equation can make it even more demanding.
The good news is that technology can simplify the process, ensuring that eligible employees receive the tips they rightfully earn.
Workforce.com is a system that can do that and more. Here are some of the ways it can help you manage tip pooling and wages.
If implementing a tip pooling system feels overwhelming, let Workforce.com simplify it. It can help you comply with wage laws while streamlining the entire process. Ready to see how Workforce.com can help you with tip pooling, payroll, and managing your restaurant team? Book a demo and see it in action.
Schedule, engage, and pay your staff in one system with Workforce.com.