In cases challenging participation of food service workers other than the quintessential roles with which most diners are familiar (e.g., server/waiter, busboy, etc.) in tip sharing/pooling/splitting arrangements, some courts focus on whether the position lacked sufficient direct customer interaction to warrant receipt of tips. See generally Kilgore v. Outback Steakhouse, 160 F.3d
silverware roller
Chicago Federal Court: Silverware Roller May Participate In Tip Pool
By Noel P. Tripp on
Posted in Tips and Tipped Employees
As discussed here, Section 3(m) of the FLSA (like many state laws) places restrictions on which employees within a workforce can receive and share in tips. While the FLSA permits tip pooling “among employees who customarily and regularly receive tips," litigation in the hospitality industry often centers around the legality of tip pool participation by…