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Permalink Reply by William M Turner on May 29, 2011 at 1:29am

I propose a rule that allows all restaurant staff 1 free slap to people that really deserve it. Anyone with me on this? ;)

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Permalink Reply by Boris Lenkovic on June 5, 2011 at 10:15pm

No! but death stares work well for me.

I have been very close with a pepper grinder for upteenth time "would you like pepper sir" still no response then follow with a "would you like me to hit you with this pepper grinder sir!"

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Permalink Reply by G D Reed on November 8, 2011 at 5:22pm

 

 

Federal regulations state that when applying the provisions of section 203(m) only tips received as money belonging to an employee, (singular), which he may use as he choose free of any control of the employer may be counted. CFR 531.52

What section 203(m) states is that nothing in this subsection shall be construed to prohibit the pooling of "TIPS" among employees who customarily and regularly receive tips.

Please answer this question

Isn't section 203(m) stating that nothing shall be construed to prohibit an employee from pooling his tips as money belonging to him which he may use as he chooses free of any control of the employer?

How can an employer tell his employees that they have to pool their tips or tip out other employees when federal laws cannot be construed as prohibiting an employee from pooling his tips as money belonging to him which he may use free of any control of the employer?

Federal regulations go on to define "TIP POOLING" as where employees mutually agreee among themselves on the basis by which their tips will be redistributed through a tip pool.  CFR 531.52

Are waiters mutually agreeing on who they will tip out and what amout they will tip out other employees or, are employers deciding who waiters will tip out and what amount waiters will tip out other employees?

Can an employee who is being required to tip out other workers as his employer chooses, mutually agree with other employees as to how their tips will be redistruted?

It just seems to me that an employer who requires tip pooling or tip outs is violating federal laws by construing federal laws to where employees are unable to pool tips as tip pools have been defined under federal regulations.

What do you think. Can an employee pool his tips as he chooses free of any control of the employer when his employer is requiring a tip pool or tip outs?

Can employees pool tips as they have mutually agreed among themselves when their employer is requiring that employees pool their tips as their employer requires tips be pooled?

 

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Permalink Reply by ANDRE DUKIC on November 8, 2011 at 5:27pm

Great thing to know!!!!

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