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Is it legal for a restaurant owner to take tips?

I work at a small restaurant. We split the tips like this: 30% for the kitchen, and 70% for the servers (we pool our tips). There are always 2 servers, and the 70% is always split evenly between the two servers. On one of the nights I work, the owner works as the other server. So she takes a portion of the tips. Is this legal? I was reading that this practice isn’t allowed but I’m not sure since she is working as a “server” on one of the nights. I’m in the US, btw. Side note: what’s funny is she increased all the prices of the food and didn’t raise the wage for anyone. I make minimum wage and the kitchen staff only makes $4 over minimum wage lol.


I work at a small restaurant. We split the tips like this: 30% for the kitchen, and 70% for the servers (we pool our tips). There are always 2 servers, and the 70% is always split evenly between the two servers. On one of the nights I work, the owner works as the other server. So she takes a portion of the tips. Is this legal? I was reading that this practice isn’t allowed but I’m not sure since she is working as a “server” on one of the nights. I’m in the US, btw.

Side note: what’s funny is she increased all the prices of the food and didn’t raise the wage for anyone. I make minimum wage and the kitchen staff only makes $4 over minimum wage lol.

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