Doc Crows tip pooling

I'm surprised this hasn't gotten any attention.

http://cjky.it/Zqb4G7

I'm of the opinion that right now this is just one side of the story and talking about it would add nothing but opinion and conjecture.

For the record: I have NO dog in this hunt.

I like the comment that the lawyers are to blame for this kind of suit. They are the only ones that will make any money for this BS!!!

It will be interesting to see if it goes anywhere. If they get multiple other employees to testify then that dog might hunt.

I'm as confused as ever. Tip pooling seems..... illegal and yet very common in the industry?

We tipped pool at the old Vic Station years ago and no one thought anything about it. Waiters picked up the checks from diners, pooled a percentage to be distributed to cocktail servers, bartenders, and busboys (and maybe even hostesses. Can't remember) all getting various percentages. How else could a diner tip out all those categories? I see no problem with the system.

[Robin Garr]

My impression is that tip pooling exists by common consent as a workable way to assure that the low-wage people who don't interact with the diner get their fair share of tips in a system that nobody likes but all have to live with.

I don't know whether management is doing something different in the cases that inspire these lawsuits or if they're generally the result of servers who simply don't see a need to share with the workers who support them.

It also works as a way to mitigate risk and even out wages. There is absolutely nothing wrong with tip pooling unless you force employees to participate.

I know that tip pooling is illegal in Kentucky, but it is very common practice, especially in higher end dining. It seems that this law was probably crafted with the idea of a diner waitress in mind, and the evil boss trying to pay all of the staff with her tips. I am sure that is a problem in some places, but Doc Crow's? They have actual team service there. When you order a cocktail, another waiter brings it. Your food is brought out be a back waiter, who knows who has what. This is all skilled service and it is what makes the difference in a really nice dining experience. I have been part of service teams like this, and I don't think there is a thing wrong with it.

It also works as a way to mitigate risk and even out wages. There is absolutely nothing wrong with tip pooling unless you force employees to participate.

That's a tricky situation. Suppose a company hires you and makes you sign a consent form saying that you agree to enter into a tip pooling situation. If you don't sign it, you don't get the job. Is it still consensual? Especially if the tip pool is based on percentage of sales. At that point you are no longer in daily control of what you tip out but instead said deductions are made automatically based on the percentage.

I've worked places where it was policy and they let people opt out.

It also works as a way to mitigate risk and even out wages. There is absolutely nothing wrong with tip pooling unless you force employees to participate.

That's a tricky situation. Suppose a company hires you and makes you sign a consent form saying that you agree to enter into a tip pooling situation. If you don't sign it, you don't get the job. Is it still consensual? Especially if the tip pool is based on percentage of sales. At that point you are no longer in daily control of what you tip out but instead said deductions are made automatically based on the percentage.

At Vic Station it was based strictly on earned tips not a % of food sales. It really seemed to work FOR everybody involved. Bussers worked harder to turn tables, cocktail waitresses pushed to get that extra round of drinks to the table, all of it went to upping the bottom line which, usually , upped the final tip amount. Every once in a while there were be a dead beat somewhere in the mix but for the most part it worked out to more money for everyone.

the result of servers who simply don't see a need to share with the workers who support them.

I see no problem with the system.

Considering what recently happened with Lynn's Im amazed at the attitude's displayed here.

Mandatory tip pooling is illegal for a VERY good reason. Under current federal and state law if a person earns more than $30 in tips at any time during a month, thats right just $30 for the whole month, they dont have to be paid more than $2.13 an hour. Its called Tip Credit, and the employer in Kentucky can claim up to $5.12 an hour, even if the employee only earns $30 for the whole month in tips.

So a restaurant owner can enforce mandatory tip pooling, claim everyone in his restaurant including the cooks all make at least $30 in tips during the month (taken from the wait staff's tips and redistributed), and in turn pay them all $2.13 an hour.

And if you dont think that's not happening, then you werent paying attention to what happened at Lynn's.

Thankfully some states, such as Washington, have done away with these ridiculous Tip Credits and ensure that employers pay their employees, tipped or not, a full minimum wage. The rest of the country needs to follow suit.

Management has nothing to do with tips, and who gets tipped at Impellizzeri's. The system is designed, set up and enforced by employees.

I thought Lynn's was demanding servers to come into their shifts with $100 to cover charged tips. Vic Station bought out charged tips at the conclusion of every shift. Lynns was holding them until payday. (or at least, that was my understanding. perhaps you worked there Doug and have a better understanding than I. ) And I have never heard of cook staff being included in pooled tips. (Perhaps some places do, I've just never heard of it. )

And just to be clear, I see no problem with pooling tips and redistributing them by % to include cocktail staff, busses and or food runners. I have never said I didn't have a problem with the tipping system in general. I am sure there are many food servers that would prefer the system the way it is now over being paid a flat, minimum wage .