29 CFR 531.54 - Tip pooling.

§ 531.54 Tip pooling.

Where employees practice tip splitting, as where waiters give a portion of their tips to the busboys, both the amounts retained by the waiters and those given the busboys are considered tips of the individuals who retain them, in applying the provisions of section 3(m) and 3(t). Similarly, where an accounting is made to an employer for his information only or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees upon some basis to which they have mutually agreed among themselves, the amounts received and retained by each individual as his own are counted as his tips for purposes of the Act. Section 3(m) does not impose a maximum contribution percentage on valid mandatory tip pools, which can only include those employees who customarily and regularly receive tips. However, an employer must notify its employees of any required tip pool contribution amount, may only take a tip credit for the amount of tips each employee ultimately receives, and may not retain any of the employees' tips for any other purpose.

[ 32 FR 13575, Sept. 28, 1967, as amended at 76 FR 18856, Apr. 5, 2011]

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United States Code
U.S. Code: Title 29 - LABOR
Statutes at Large
Public Laws

Title 29 published on 13-Apr-2017 04:09

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR Part 531 after this date.

  • 2012-06-29; vol. 77 # 126 - Friday, June 29, 2012
    1. 77 FR 38717 - Updating Regulations Issued Under the Fair Labor Standards Act
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Wage and Hour Division
      29 CFR Parts 531 and 553
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