Alright. So…
My brother works as a server at a restaurant my hometown. They have a few food items, but it's primarily a beer Haus type establishment.
The servers all pool tips, there is a single POS so there's no way for them to differentiate tips on credit cards. The owner's solution is that you're paid out based on the time worked during the shift, total tips, etc.
So, here's where it gets squirrelly.
They have a manager who works with them who will occasionally help the staff, but is primarily serving in a management role. Making schedules, orders kegs, hiring, checking cleanliness, customer interactions, etc.
She has also been clocking in for 7-8 hours and counting those hours towards her take of the tip pool. So, the other night they made $140 combined across 4 people in tips, and she took $40 of it.
My understanding of it is that if tips are pooled 1) the servers all have to clear minimum wage and 2) managers are specifically excluded from participating in the tip pool.
Texas if it matters. Thoughts?