Question I work in ma restaurant that requires me to tip out 1% of my sales to cooks that make well over minimum wage. Is this legal?
Answer Ann - No, it is not. You can seek to have your employer correct this, or you can contact your state Office of Labor and Workforce Development, which has this to say about your question:
Can tipped employees be paid a different minimum wage?
Yes, the minimum wage for tipped employees (employees who receive more than $20 a month in tips) is $2.63 per hour. However, for tipped employees to be paid this rate, they must be informed of the law, must receive at least minimum wage when tips and wages are combined, and all tips must be retained by the employee or distributed through a valid tip-pooling arrangement. Tip-pooling arrangements must conform with the requirements of M.G.L. c. 149, §152A
Sharing with cooks does not meet the above requirements.