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    « Brinker Oral Argument Video | Main | Real Wages Keep Falling »

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    D

    It has been stated,
    "Additionally, tip pooling cannot be used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron."

    When an employer requires that an employee share his tips with others who weren't personally presented tips, the tips are being used to compensate the employer. The employer is utilizing his worker's tips to pay other employees, which in turn, creates a financial benefit for the employer. An employer who requires that his employee share his tips with other workers is using his employee's tips to pay his other workers, which in practice, provides compensation to the employer. The employer financially benefits from the fact that he is using his employee's tips to pay his employees who weren't personally presented tips.

    When an employer requires tip pooling, the tips become the employer's property by virtue of enabling the employer to control and spend such tips. This is the truth and it will not go away. Employers who require tip pooling are stealing their worker's tips. Any other explanation is fraudulent and deceptive.

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