If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs.
In such systems, employees are paid below the minimum wage on the assumption that the tipped income will push their hourly wage above the minimum. But a recent lawsuit against the Luby’s Restaurant chain in Texas forced the company to pay $366,864 in back wages to 1,680 current and former employees who were improperly paid due to the company’s tip-pooling policy.
Tip pooling is limited to employees who customarily and regularly receive more than $30 a month in tips. Luby’s cashiers and checkers participated in the tip-pooling system, which, the feds said, violated federal law.