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Is it legal for tip pools to be split between the cooks who dont contribute to making any tips?

I have a job in South Florida where I am the only server on the floor. There may or may not be one to two "servers" working with the togo and cashier and the bar. I make majority of the tips but they all go into a "tips" jar and get split between the cooks/sandwich preparers/pizza makers as well. Is this legal?

Asked By: Shannon - 7/8/2010
Best Answer - Chosen by Asker
yeah? why would it be illegal?
Answered By: hotwheels122287 - 7/8/2010
Additional Answers (5)
Is it legal? Yes it is. Is it right to do so? Yes it is. See how much of a tip you get if the cook doesn't prepare the food correctly. See how much of a tip you get if the cook takes twice as long to prepare a meal than normal. The service from you is only one part of the dining experience. The food itself also plays a... More
Answered By: Mutt - 7/8/2010
 
It depends on your state law. In Minnesota, such a system is not legal. Tips are considered the personal property of those who earn them and a server cannot be legally forced to share tips with other employees. I would check Florida law to see if such a system is legal in your state... More
Answered By: msi_cord - 7/8/2010
 
Of course its legal, the cooks should be tipped too because they make all the good food. If the cooks did not give you food to serve to the customers, there would be no business. My two cents.
Answered By: skychaserJeff - 7/8/2010
 
In most places cooks are not allowed to participate in tip sharing. It's illegal in the state of Texas on a few other states, especially if you are making server wages and they are getting paid a full wage. Here is a site that is very informative regarding tip sharing. http://www.877tippool.com/ Good luck
Answered By: Dark - 7/9/2010
 
Mutt, servers depend on tips as their income. Cooks do not. They receive a full paycheck. It is not fair for them to take tips away from the server's, unless of course they were making 2.13 an hour as well and receiving a voided paycheck like the server's do.
Answered By: Mist - 7/9/2010
 
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