The Hidden Costs of Tipping Out in Cash

Roughly 4-in-10 Americans say they aren’t using cash in a typical week, according to a recent report from Pew. But even as we creep toward a cashless economy, a large chunk of the hospitality industry is holding fast to cash — at least, when it comes to tip distribution.

Most of the restaurants, bars and hotels groups that continue tipping out in cash do so because it’s “the way they’ve always done it.”

And if you’re in that camp? We get it. Sticking with the status quo can feel like the path of least resistance. (Which counts for a lot these days.)

Plus: Paying out in cash daily also helps with recruitment and retention: hospitality employees expect and deserve to get paid in real-time. Meeting that need is critical in the face of an ongoing labor crisis, when restaurants and bars are competing for talent with other establishments and gig economy employers (hi, Uber and DoorDash).

But the reality is that cash distributions aren’t the only way to tip out in real time. And they actually come with a whole host of hidden (unnecessary!) costs that could be putting a major dent in your bottom line. 

Don’t take our word for it: here are seven ways that your business may be “paying” for cash tips.

1. Managers get pulled off the floor

Managers already have a lot on their plate — helping out on the floor, checking in with guests (and smoothing over any issues), or even working the line in the kitchen. They step in where they’re needed, but distributing cash tips is an unnecessary task that takes them away from work that really matters. In fact, the whole process can consume 10+ hours of their week, every week.

Cash tip-outs take so much time because more customers are paying with credit cards or digital payments. As a result, restaurants simply don’t have cash on hand to pay out server tips at the end of each shift. 

That means:

  • Many managers find themselves making frequent bank runs — sometimes every day.
  • Once cash is in hand, they’re tasked with calculating tip pools and counting cash. It’s a tedious job for anyone, but for a run-down manager who’s trying to keep their eyes open while they’re closing out at 2 a.m.? It’s the worst.
  • Not only is it tedious: cash tip distribution keeps them chained to the back office when they could be out on the floor, doing what they do best.
  • If employees come to pick up their tips from the night before, the managers are once again pulled off the floor to ensure everyone gets what they’re owed.

2. Unnecessary labor costs

If you’re still paying out cash tips, your labor costs are likely higher than they need to be.

Sure, your managers might be salaried — but at many restaurants, hourly employees will be waiting on the clock for their manager to pay out their tips since both the employer and employee need to be physically present when currency is exchanged. 

To quantify this, pick a state…how about Colorado where the server minimum wage is $10.63?  If a Colorado restaurateur has 10 employees waiting together on the clock for 15 minutes, that’s 150 minutes of unnecessary compounded labor or $26.58/day – about almost $800/month.

(Of course: managers could send employees home to save “on clock time.” But that means they’ll have the inconvenience of either waiting until their next shift to get their payout, or trekking back to work on a day off — which comes with added gas money or public transit costs —to complete the envelope pass.)

3. Employee theft

You work hard to hire the right employees: people you can trust. You ask the right questions, check all their references, run the background checks.

You can do everything right, but employee theft still happens. An estimated $3-6 billion of revenue is lost annually as a result. 

Does it mean your employees are bad people? Not necessarily. But tough personal times — or pure temptation — can lead good people to make bad professional choices and justify illegal behavior. Reducing or eliminating cash held on premises for tipping out mitigates the risk (and temptation) of both minor skimming and major theft.

4. Human error

Even if your employees don’t intend to skim from tips, counting errors happen. After a particularly exhausting Saturday night shift, your managers are often sitting there counting cash for so long that they start to feel cross-eyed — and they’re bound to slip up from time to time. Even if you just misplace $5 every other day, you could be losing nearly $1,000 every year.

And if a mistake is made, there’s no record of it. Once the cash is gone from your restaurant, you have no way to recuperate it.

5. The ABCs of fees 

Accounting fees – Cash tip reconciliation and accounting for last-minute bank cash orders is time-consuming. Your bookkeeping firm will bill for the additional hours needed to accomplish these tasks. If you’re also at the helm of a multi-location establishment, you’ll need to plan for the reporting delays and additional costs involved in requesting payroll reports from each location.  

Bank fees – As many banks outsource their vaulting to cash management companies, they roll a piece of their cost for this service down to their customers in the form of a fee for local cash pick up. Combine this particular fee with a massive liability issue: anything could happen while your GM is off premise to courier the cash, including theft or robbery. And of course, bank runs take up on-the-clock time that your GM could be spending managing the business.

Cash in transit fees – Choosing to use an armored car service to deliver cash is common practice for high-volume locations. However, it comes with both a fee for delivery and for the cash itself. Those can range from $250 – $400 per week.

6. Rounding up (and down)

Some employers use a time-rounding policy that can result in shortchanging employees on wages they were scheduled to earn. 

Other employers round up or down to the nearest dollar to make the cash counting process easier — which either inflates the tip outs or withholds money that is supposed to be payable to the employee. The rationale used in both cases is that eventually it all evens out. 

But beware the security risk you’re inviting here. Employees can claim that you are underpaying them for their time and/or their tips since it’s not an accurate disbursement each night. And for the teams that consistently round up: those quarter

7. Employee safety and financial wellness

Restaurateurs also often feel responsible for their employees in ways that don’t apply in other work environments. You spend a lot of time together, and it starts to feel like a family. 

As the head of that family, you can make choices to further promote employee safety. For example, employees feel safer and more secure leaving at night without cash in their pockets. They also report that tipping out in something other than cash means they tend to spend less of their tips on frivolous things.

Digital tipping cuts the costs of cash

Yes, cash tip outs are slow, risky and costly — but for years, it was the only way to give employees instant access to their earnings.

That’s changing fast, thanks to the advent of digital tipping. No longer is cash tip distribution a necessary evil.

Innovative, easy-to-use technologies present safer, more efficient alternatives to tipping out in cash. They can make a standard process easier for you and your team, decrease liability, and eliminate other hidden costs to your business. The best part: it’s easy to use and a breeze to implement. 

(Want to see digital tipping in action? Request a personalized Kickfin demo today!)

SITCA: How to Navigate the IRS’s New Tip Reporting Program

Three things in life are certain: death, taxes, and confusing updates from the IRS. 

This year, the IRS has rolled out a new tip reporting program that should help restaurant owners use technology to stay in compliance with tax laws — once we’re all on the same page as to how it works. Here’s a quick rundown of the new program and what it means for employers. 

How do employers typically handle taxes on tips? 

Most of the burden of tip reporting falls on the employee. They’re responsible for keeping a daily record of tips, reporting tips to their employers, and reporting their tips on their tax returns. And while tips aren’t wages, employers do still have a hand in reporting tips and withholding taxes

Did you know that even though tips aren’t wages, you still have to pay your share of income taxes on them? That’s why it’s so important to accurately report employees’ tips and keep meticulous records. 

In the past employers have had a few options for how to track and report tips: 

  1. Tip Rate Determination Agreement (TRDA)
  2. Tip Reporting Alternative Commitment (TRAC)
  3. Employer-designed TRAC (EmTRAC)

All of these programs require employers to educate their employees on the importance of properly reporting both cash and credit card tips — with some minor differences regarding how tips are reported to the IRS. 

One key thing to note: the TRDA does not use actual tip revenue to determine tax liability. Instead, employees are expected to report tips at or above an estimated tip rate that is determined by the IRS. If reported tips fall below the established rate, the employer is expected to provide detailed documentation of employees’ names, social security numbers, hours worked, sales, tips reported, and job titles. 

The TRAC and EmTRAC programs do not establish a tip rate, but they do require employers to take on the responsibility of ensuring their employees report their tips. No matter which tip-reporting program you choose, they all generally entail lots of paperwork and vague language — but that might change in the near future. 

What is SITCA? 

Under the new IRS proposal, a new tip reporting program called the Service Industry Tip Compliance Agreement (SITCA) would allow employers to take advantage of their point-of-sale systems and other restaurant tech in order to report their employees’ tips. The IRS created SITCA in order to replace the outdated TRDA, TRAC, and EmTRAC tip reporting programs. 

Most diners are paying with credit cards or digital payment methods these days — so the transaction data is right at your fingertips. And rather than take an educated guess at your average tip rate, the IRS will use actual tip data pulled from your POS to determine tax liability for both employees and employers. They can also easily pull employees’ hours worked and sales information to ensure tips are being properly reported.

This move by the IRS should relieve some of the tax reporting burdens and save time for employers by getting rid of the endless forms and paperwork that were previously necessary for tip reporting. 

What about cash tips? 

As always, employees are required to report their cash tips — which of course can’t be backed up by POS data. The onus is still on the employee to accurately report all tips. If the IRS notices major discrepancies between sales and tips (especially missing cash tips), the employee could be audited. 

What do restaurant owners need to know for the 2023 tax season? 

For now, you don’t need to overhaul your tax practices. You will remain in your current tip reporting program until one of the following occurs:

  • Your restaurant is accepted into the SITCA program 
  • The IRS finds you noncompliant with your current TRDA, TRAC, or EmTRAC program
  • The end of the first full calendar year after the final revenue procedure is published in the Internal Revenue Bulletin

That being said, you should start looking to ensure that your restaurant has everything it needs to succeed under SITCA. Ask yourself: Do you have a POS system that you trust? Do you use a digital tipping solution? With the right technology, your restaurant’s tip reporting and tax liability should run smoother than ever before. 

Interested in the SITCA program? Follow these instructions by May 7, 2023 to enroll.

Tax Tips for Service Industry Workers

Tax season is here — and like many U.S. employees come springtime, you’re probably feeling the pressure. Soon, you’ll be sitting in front of your computer wondering just how much you’ll owe to the government … and maybe even worrying that you’ll get audited. 

No one likes doing their taxes, but for servers, bartenders, and other service industry workers, your tipped income can make things even more complicated. Here’s how to survive tax season as a tipped employee. 

Stay on top of your tip reporting 

Tip reporting is a year-round job. Well before tax season comes around, make sure you know how to properly report your tips.

If you make more than $20 a month in tips, the government needs to know. According to the IRS, it’s your responsibility to report your tip income to your employer, who then reports those tips to the IRS. By the 10th of each month, you should hand over a detailed report with the total tips you received for the prior month. 

We know what you’re thinking: Do you really have to report cash tips?

Sure, it would be great if all of those cash tips were just money in your pocket — but failing to report all of your tips could cost you even more. If you’re audited, you could be on the hook for 20% more of your income. 

Technology is also making it easier for the IRS to sniff out under-reported tips. Under a new proposal called SITCA, the IRS would have access to POS data that includes sales, credit card tips, and hours worked. And while cash tips will still be reported through an honor system, the IRS will have a much easier time proving unreported income.

We’d rather be safe than sorry — so make sure your tip reports are as accurate as possible each month. 

Get to know your W-2 (and other tax forms)

Once your employer sends out your W-2 for the year, you’re ready to get to work on your taxes. 

Thoroughly check your W-2 to make sure the information is accurate — especially if your restaurant pools tips. You should only pay taxes on income that you actually realized, not all the tips that were distributed among your coworkers. 

Most likely, you’ll be filing with a form 1040 — but which one? Depending on your filing status, yearly income, and your deductions, you can use a 1040 long-form, 1040A, or the 1040EZ. Get familiar with what each tax form allows, and use the one that will allow you the largest possible return (or the lowest possible liability).

Take advantage of write-offs 

Think of all the small things you have to buy for your job. For example:

  • Do you have to buy work-specific clothing or uniforms, like branded polos or khakis? 
  • What about work-appropriate footwear that — while not exactly a fashion statement — keep you safe on slick restaurant floors? 
  • Or did you pay out-of-pocket for a training course on alcohol or food safety? 

While these might not be big-ticket items, they all add up and help to reduce your taxable income

But don’t forget to keep a paper trail: Make sure to ask your employer for a receipt when you’re buying uniforms, and keep thorough records of other items you’ve purchased specifically for work. 

(Also, take a closer look at your restaurant’s credit card processing fee policy. If you live in a state where your employer can deduct credit card processing fees from your tips, you may be able to write those off too!)

Be prepared for your tax liability

How many zero-dollar paychecks did you open last year? Like most service industry workers, your hourly wage likely went toward your income tax liability from your tips. And unfortunately, the hourly minimum wage for servers probably doesn’t cover the whole tax bill. 

Instead of wiping out your savings account to pay your taxes, start planning for your tax liability a year in advance. After each week (or even each shift) set aside about 15% of your tips, so when you see what you owe the IRS, it doesn’t leave you scrambling. And if you happen to have anything left over — treat yourself! 

Make reporting a breeze with Kickfin

When restaurant teams sign up for Kickfin, tip tracking is a cinch. Refer your restaurant employer or request a demo today!

How to Comply with Tipping Laws in Texas

Like many other Texas restaurant owners, you were probably shocked when a Dallas barbecue joint was ordered to pay their employees nearly $900,000 in stolen tips and overtime. It may have even sparked a bit of anxiety about your own tipping policies and practices.

Illegal and unethical tipping practices not only decimate your restaurant financially, but can also tank your reputation. Avoid losing your business and the community’s trust by freshening up on Texas tipping laws

Who Can Participate in Tip Pools? 

In Texas, mandatory tip pools are perfectly legal, so long as you follow the guidelines laid out by the Fair Labor Standards Act (FLSA)

For one, only employees who “customarily and regularly receive tips”— namely servers, bartenders, hosts, and expos — can participate in a tip pool, and back-of-house employees cannot. 

Owners, managers and supervisors are also barred from participating in tip pools. Tips belong expressly to the tipped employee, so an owner cannot take a cut of the tip pool, and neither can their agents in the form of managers. If you’re caught distributing tips to owners or managers, it will be considered wage theft, and you will be ordered to pay back the tips and subject to hefty fines by the DOL. 

Learn to Properly Calculate the Tip Credit

The tip credit allows employers to pay tipped employees a lower hourly wage, with the idea that the server will earn at least minimum wage or more in tips. In Texas, employers can take up to $5.12 per hour in tip credit. But if used incorrectly, you could end up owing your employees back pay. 

In order to take the tip credit, your employee’s hourly wages must be greater than or equal to the minimum wage for their hours worked — at least $7.25 per hour in Texas. Employees also must earn more than $30 per month in tips for the tip credit to apply. 

And head’s up — the tip credit can still apply when your employees are earning overtime. Ensure that you’re properly compensating employees when their work hours exceed 40 per week. 

Using the tip credit requires a good bit of math (especially when overtime is involved), and there’s room for human error in your calculations. Check out our primer on calculating the tip credit and then go double-check your math. 

How to Protect Your Business & Employees

You don’t want to jip your employees — nor do you want to risk your entire business. Now that you’re more familiar with Texas tipping laws, here are a few ways you can comply with them. 

Hire an Attorney 

It’s best practice to consult with a lawyer with any legal questions. An attorney can give you detailed, personalized advice about what’s best for your business and how to stay on the right side of the law.

Choose Vendors that Protect You

At Kickfin, we partner with restaurants to revolutionize everything about their gratuity management systems — including setting up guardrails to comply with tipping laws. Request a demo of Kickfin today. 

What You Need to Know About Florida Tip Laws

Filled with tourist destinations and great weather, Florida is the perfect place for restaurants to thrive — as long as they can comply with tipping regulations. Like many other states, Florida has unique state tipping laws that are often in flux.

Whether you own a seafood shack right on the beach or a fine-dining spot in a Miami hotel, you need to know the ins and outs of Florida’s tipping laws. 

Is Tip Pooling Legal in Florida?

Many restaurants implement tip pooling systems to create equitable pay for servers and foster a collaborative work environment, but laws around tip pools can get fuzzy state-by-state.

Florida restaurant owners can breathe a sigh of relief, though — Florida’s tip pooling laws align with the federal regulations laid out by the Fair Labor Standards Act (FLSA).

Florida’s Minimum Wage & Tip Credit

Florida joins the majority of states in allowing employers to take the tip credit — but not quite as much as other states. Federal rules set the minimum wage at $7.25 per hour and allow employers to take up to $5.12 in tip credit. 

At the time of publication, Florida’s minimum wage is $11 per hour, significantly higher than the federal minimum wage. On top of an increased minimum wage, Florida only allows employers to take a tip credit of $3.02 per hour. With these regulations in place, Florida restaurant owners must pay tipped employees at least $7.98 per hour. 

But head’s up — the minimum wage is increasing. As of September 30, 2023, Florida’s minimum wage will increase to $12.00 per hour, and will continue increasing each year until it reaches $15.00 per hour in 2026. Looking ahead, restaurant owners can expect to pay a tipped minimum wage of $11.98 per hour.

Mandatory Service Charges Are Wages in Florida

If you’re charging a mandatory service fee for large parties or to reserve a table, you might hope that will count as a tip for your service staff. 

Mandatory service charges are not considered tips in Florida, but rather are the property of the employer. The employer may choose to distribute the service charge to an employee, but these would count as wages and would be subject to payroll tax withholdings. 

That being said, Florida has not joined other states in requiring employers to make it clear to customers that mandatory service charges are not considered tips.

Tip laws can get tricky, so always consult a lawyer when changing tip policy. 

At Kickfin, we want to help restaurants comply with tipping regulations and save you time and energy. We put up guardrails that prevent improper tipping practices and make it easy to instantly tip out your staff. Request a demo to see for yourself. 

How to Calculate the Tip Credit

Tipping could be considered the ultimate win-win for restaurant teams. Not only do tips significantly increase the earning potential of restaurant employees; in states that allow the tip credit, tips can also help offset labor costs for employers. 

While the tip credit can be a boon to a restaurant’s bottom line, calculating the tip credit can make payroll a little trickier. 

While most business owners can simply multiply their staff’s hourly wage by their hours worked, restaurant owners who want to take advantage of the tip credit will need to take a few extra steps to determine how much they need to pay their employees on payday.

The downside? A little bit of math. But don’t worry — we can help you out with that part. Here’s what you need to know in order to calculate the tip credit. 

First things first: Does the tip credit exist in your state?

Before you start running the numbers, you need to make sure the tip credit is legal where you operate. Tipping regulations vary pretty widely state by state — and the tip credit is no exception. 

In a few states, you must pay the full minimum wage, even for tipped employees. At the time of publication, those states are:

  • Alaska
  • California
  • Minnesota
  • Montana 
  • Nevada
  • Oregon 
  • Washington

(If you operate restaurants in one of these states, we’ve got another post on tip calculations that might be helpful to you) 

If your state isn’t listed above, then the tip credit is probably allowed in your state. Read on to ensure you’re calculating the tip credit accurately and legally. (And please keep in mind — this post isn’t intended to be legal guidance. Always contact a lawyer with specific questions to ensure your restaurant is compliant with state and federal tipping regulations.)

How does the tip credit work?

With the federal minimum wage still set at $7.25 an hour, employees are required to make at least that much while working at your restaurant — but that’s not how much you have to pay them. Based on the federal tipped minimum wage requirements, you could take a tip credit of up to $5.12 an hour.

How do you calculate the tip credit?

(Keep in mind: these steps are based on federal laws. Your state may have additional or different regulations that apply to your restaurant — so again, consult a lawyer if you have questions.)

1. Keep meticulous records

One of the key tenets of taking the tip credit: making sure employees earn at least minimum wage on an hourly basis. But in order to do that calculation, you’re going to need detailed records that include hours worked, tips earned, and any tips shared with other employees. This will all come in handy when it’s time to process payroll. 

2. Grab your calculator 

When payroll time arrives, it’s time to revisit some of those multiplication tables that you thought you left in grade school. 

As an example, let’s calculate payroll for a part-time server who worked 40 hours during the two week pay period, and earned $250 in tips.

  • How much she must earn by federal minimum wage standards: 40 hours x $7.25 = $290
  • How much can you take in tip credit: 40 hours x $5.12 = $204.8
  • How much she earned in cash wages: 40 hours x $2.13 = $85.2

Now, we’ll use all of these calculations to see if she earned enough to meet minimum wage:

$250 tips + $85.20 hourly = $335.20 total

Since this server earned well over the minimum wage, you can claim the full tip credit of $204.80. 

But what if she had come up short? 

If the same server worked the same hours but only earned $200 in tips, she would have earned $285.20 — a little short of minimum wage. You’ll need to make up the $4.80 difference in that situation. 

How do you calculate the tip credit when paying overtime?

While most restaurants try to avoid paying overtime, short-staffed restaurants may not have an option. If you do pay overtime, here’s how it works when also calculating the tip credit. For example, let’s say that a server worked 50 hours and earned $300 in tips. 

  • $7.25 minimum wage x 1.5 = $10.88
  • Maximum tip credit remains $5.12/hour 
  • Overtime hourly tipped wage = $5.76

Now, let’s do some math: 

  • How much must she earn in overtime minimum wage: 10 hours x $10.88 = $108.80
  • Add her regular hourly minimum to the overtime minimum: $108.80 + $290 = $398.80
  • Tip credit minimum wage: 10 hours x $5.76 = $57.76
  • Maximum tip credit: 50 hours x $5.12 = $256

Finally, you can add tips, regular tipped minimum wage, and overtime tipped minimum wage to see if she earned at least $398.80: 

$300 in tips + $85.20 regular hourly wage + $57.76 overtime minimum wage = $442.96

Even with overtime, this server still made enough for you to claim the maximum tip credit of $256. Again, if she hadn’t, you would have to make up the difference. 

Additional tip credit resources

Simplify employee payments with Kickfin!

Kickfin makes it easy to pay out your tipped employees — no calculator (or cash) required. Request a demo today and see our cashless tipping software in action!

Can Restaurant Owners and Managers Keep Tips?

In a word: Nope.

Okay, it’s not actually that simple. But if you’re in doubt (and in a hurry), the safest answer is generally no, owners and managers can’t keep tips their employees received, or participate in a tip pool.

If you’ve got a minute: read on for the full story on why owners and managers (usually) can’t earn tips, when it’s actually legal, and a look at some rather extreme examples of wage theft in restaurants.

Wait: Are managers really taking tips from their employees?

You’ve probably heard of restaurant management teams that found themselves in legal hot water because owners or managers have taken a cut of their employees’ tips. These lawsuits can be financially devastating for hospitality brands. 

Why does it happen? Unfortunately, sometimes managers knowingly steal tips from their employees. And yes, that’s very bad. 

But often, greed isn’t the (only) culprit. Tipping regulations are notoriously complicated. Plus, they’re apt to change, and they can vary at the federal, state and even local levels. While you can’t plead ignorance in court, it’s certainly understandable if people are confused. 

Here’s where it gets tricky: Restaurants move fast. The best managers pitch in when they see their team needs support. It’s not uncommon to see them showing a guest to their seat, delivering food to a table, helping out a busser. 

If they’re jumping into front-of-house work on a regular basis, it’s only natural to assume they might deserve a share of tipped earnings as well. But generally speaking, it’s not theirs for the taking.

Why can’t owners and managers keep tips? 

If owners and managers are directly contributing to a guest’s experience, shouldn’t they benefit from that guest’s show of thanks?

Not really.

The logic here is that owners and managers earn a salary. Tipped employees are hourly, and they generally rely on their tips to support their livelihoods — especially for employees who earn as little as $2.13 an hour. While it may feel unfair that managers can’t keep tips during shifts where they jumped in and saved the day, there were likely plenty of slow shifts where they still consistently make their salary. Servers, on the other hand, don’t have that level of predictability: when business slows down, so do tips.

Rationale aside, the bottom line is that it’s illegal for owners and managers to keep tips. Tips are seen as the property of employees only, so if owners are skimming their tips, they’re taking part in wage theft. The practice is often called “tip pocketing,” as servers (rightfully) view this as their employers grifting their hard-earned tips. 

Owners and managers most commonly make this mistake through tip pools. When requiring employees to pool their tips, owners cannot legally redistribute any tips to managers, owners, or non-tipped employees who are earning the full federal minimum wage. 

While you might think tip pooling will garner teamwork and collaboration, check out the strict laws around tip pooling and consult a lawyer before you get started. 

Exceptions for managers

It wouldn’t be a rule if there weren’t an exception, right?

When it comes to keeping tips, managers have a little bit more leeway than owners do. Managers can keep tips earned through service they provide directly and solely

So what does that mean?

The keywords here are “directly” and “solely.” If a manager took a table’s entire order, ran all of their food and drinks, and presented them with their check, then they are technically allowed to keep any tip the customers leave. This often occurs when “shift managers” (who are generally just head servers) oversee a shift while still relying on tips for their own income. 

But again: if you’re a manager who just stepped in to help out a server who was in the weeds, the tip still belongs to the server. 

What happens if a manager or owner keeps a tip?

For restaurant owners, the consequences of keeping employee tips could bring down your entire business. 

  • Repayment: First of all, you’ll owe all of the stolen wages back to the employees, plus a fine of over $1,100 per violation. The repayment can be devastating — just ask these restaurant owners who owed over $157,000 in tips
  • Damages: Restaurants can also be sued for damages, and some establishments simply can’t come back from such a devastating loss. 
  • Poor customer experience: If customers are aware that management is keeping tips, they might not feel comfortable tipping at all. 
  • Employee distrust and resentment: A restaurant’s culture will take a major hit if employees sense that they’re not receiving the tips they have earned. 

One important thing to note: The consequences and fines for violating tip laws apply, whether you were aware it was illegal or not. 

How do you ensure everyone is playing by the rules?

The short answer: cut the cash and go digital.

Tipping out in cash creates the perfect opportunity for skimming and wage theft, given the lack of visibility into cash flow and inability to track payments. 

But even if your team is 100% trustworthy, tip distribution is far from foolproof. When your tipping system relies on cash, human error abounds, and managers can unknowingly create or participate in illegal tip pools. 

A digital tipping platform allows you to put guardrails in place, so the only the right people (in the right roles) get tipped out. A software like Kickfin is built for flexibility, so if you have people who work multiple roles — or at multiple sites — you can ensure everyone is getting what they are legally entitled to.

Most importantly, a digital tipping system gives you the power to track everything. If an issue ever arises, you can easily pull payment history by individual, shift, or site. 

Want to ensure your team is legally tipping out? Check out a free demo of Kickfin today to learn about our instant digital tipping software!

Tip Pooling, Tip Sharing, Tipping Out: How and Why Restaurants Split Tips

In the hospitality industry, tips (or gratuities) aren’t icing on the cake: they’re often the reason employees can make a living wage. The process of splitting tips — i.e., tip pooling, tip sharing or tipping out — helps to ensure that everyone who contributes to a customer’s experience can reap the rewards of a job well done.

To truly benefit your team and business (without damaging your culture) tip pooling or tip sharing must be done fairly, transparently, and in accordance with current regulations. 

Whether you’re in California or Connecticut, here’s an overview of how tip pooling (or tip sharing, or tip splitting) should work, plus some resources to make sure you’re in compliance with the laws in your own state.

Before we dive into various tip-out or tip pay-out methods, it’s important to understand some basic terms and stipulations around restaurant tips.

What is a tip? 

A tip, or a gratuity, is a sum of money that a restaurant customer pays in addition to their check amount. It’s important to note that a tip or gratuity is not mandated. In the U.S., a tip is often expected, particularly at full-service restaurants — but it’s not required. Generally, a tip or gratuity is somewhere between 10-20% of the total check amount (before taxes and other fees). However, the tip amount is ultimately left to the discretion of the customer.

Who can receive tips?

Tips belong to employees, period. While restaurants can redistribute tips by way of a tip pool (more on that below), managers and employers cannot participate in tip pools. (With that being said, if a manager receives a tip directly from a customer, they are entitled to that money.) 

There are some positions that are commonly tipped — like servers, bartenders, bellhops, valets — but the title isn’t what really matters. Your employees qualify as tipped employees if they “customarily and regularly” receive more than $30 in tips per month.

Non-tipped employees are generally back-of-house staff, like chefs, line cooks, dishwashers and janitors. These people contribute to a guest’s experience, but they don’t actually interface with the guests and therefore don’t have the opportunity to receive a tip.

What’s the tip credit?

Employers in the hospitality industry can legally pay their employees less than minimum wage if their employees’ tips make up the difference. When employers do this, it’s called taking a tip credit, because they’re crediting their employees’ tips toward an employer obligation to pay minimum wage. (Keep in mind: not all states allow tip credits. To check out minimum wage rules for your state, go here.)

Tip Pooling for Restaurants

Now let’s take a look at the ins and outs of tip pooling: what it is, how it works, and different tip pooling structures that your restaurant might consider.

What is tip pooling?

Tip pooling is a practice in the hospitality industry where tipped employees contribute the tips they’ve earned into a pool at the end of a shift. That pool is then divided (often equally, but not always) among a designated group of employees. Simply put, all tips received during a shift are pooled and then redistributed among employees.

When restaurants require tip pooling, they’re subject to certain regulations at the federal level, as well as state-level regulations that vary depending on where your restaurant is located. Illegal tip pools have led to multimillion-dollar lawsuits for restaurants, so it’s important to ensure your restaurant is operating within the letter and spirit of the law before instituting a tip pool.

What is tip sharing?

People often use the terms tip pooling and tip sharing interchangeably. And in reality, there’s no real legal definition for tip sharing. From a legal standpoint, we typically see the term “tip pooling” used as a broad, high-level category for the process of contributing any amount of tips to a pool and redistributing them (including what you might consider tip sharing). Learn more about the difference between tip pooling and tip sharing.

However, while tip pooling is often (but not always) based on an equal distribution of pooled tips, tip sharing is based on percentages that vary based on position. For example, servers may keep 60% of their tips and “share” the other 40% with other employees, including FOH staff like bussers and hostesses, and/or BOH staff like dishwashers and line cooks.

What is tipping out?

Tipping out is essentially the same as tip sharing. In the explanation above, the “sharing” part is actually tipping out. So a server would keep their share or percentage of the tip pool, then “tip out” bussers, hostesses, etc. based on pre-set percentages.

What are the current tip pooling laws for 2022?

The laws around tip pooling or tip sharing (and tip payments in general) are somewhat complex. Here’s a quick rundown of tip pooling laws and regulations.

  • Who can participate in a tip pool? Managers, supervisors and employers absolutely cannot participate in a tip pool, period. (If you have managers or supervisors that sometimes perform duties of a tipped employee, you can learn more about that here.)
    In 2018, the Department of Labor issued a rule change that now allows BOH employees to participate in a tip pool, but only in states where there isn’t a tip credit — so, primarily the West Coast.
  • Federal vs state tip pooling laws.: There are both federal and state regulations around tip pools. It’s critical to understand both the federal laws and the state laws that apply to your business. Keep in mind: if you operate multiple sites, each site is governed by the regulations where it is located. (In other words, it doesn’t matter where you’re headquartered.)
  • Tip pooling lawsuits. There have been multimillion dollar lawsuits due to illegal tip pools. Generally, tip pool lawsuits are the result of a) Management or management employees taking part in the tip pool, or b) Employees being unclear about the rules of the tip pool (lack of transparency and communication).
  • Changes to tipping regulations. Laws continue to evolve as they relate to minimum wage for hospitality workers, the tip credit, and more. Many of these changes are tied to administration changes. (For example: the 80/20 rule has shifted under Obama, Trump, and now Biden.) Changes to these laws can impact your tip pooling policies, so it’s important to stay up-to-date. 

Restaurant tip pool policies and formulas

In order to create a tip pool for your restaurant, you’ll need to answer these two questions. 

How is the tip pool being created or calculated? In other words, what’s going into the pool? A few common options:

  • Require all tips to go into the tip pool, then redistribute. 
  • Require a percentage of a server’s total sales to go into the pool. (E.g., a server’s sales for their shift total $500; the server might put 2% of his sales, or $10, into the pool.)
  • Servers keep a set percentage of their tips, then contribute the remainder to a pool.

Who is participating in the tip pool? We’ll say it again for the people in the back: Managers, supervisors and employers cannot participate in a tip pool. But you’ll need to decide which employees you want to benefit from the tip pool. That could be:

  • Only servers 
  • Servers and bartenders
  • FOH staff
  • FOH and BOH staff

Sample tip sharing policies and methods

Below are a few sample tip pooling policies. Of course, before instituting a tip pool policy, you’ll need to make sure it’s in accordance with both federal regulations and the state regulations that govern your restaurant locations.

  1. Basic tip pool. All tips are pooled, then evenly distributed among participating employees. This happens more frequently with QSR and fast casual restaurants — i.e., the type of establishment that might have a tip jar.
  2. Set percentages. Generally, for percent-based tip-outs, servers keep a majority percentage of their tips, then contribute the remainder to a pool. An employee’s role or position then determines the amount they receive from the pool.  

Real world example: Servers keep 70% of their tips and contribute 30% to a pool. Bartenders might get 50% of the pool, hostesses get 20%, bussers get 10%, dishwashers get 10%, and so on. 

  1. Points system. Employees are assigned points based on their role, and those points determine the percentage of the tip pool they receive. 

Real world example: Let’s say servers get 15 points, hostesses get 5 points, and bussers get 2 points. You’d want to determine the total points for each shift. 

  • 4 servers = 60 points 
  • 2 hostesses = 10 points 
  • 1 busser = 2 points 

So, total points = 72. 

If total tips earned in one shift is $792, the value of a point is (792 / 72), or $11. So each server would get $165 (15 x $11), each hostess would get $55, and each busser would get $22.

  1. Hours worked. Tip pool amount is divided by total hours worked. That number is then multiplied by the hours each employee worked to determine what they’re owed. 

Real world example: 4 servers worked a total of 25 hours. The tip pool totals $450. For every hour worked, servers earn $18.

  • Server A worked 4 hours, gets $72
  • Server B worked 7 hours, gets $126
  • Server C worked 8 hours, gets $144
  • Server D worked 6 hours, gets $108

Learn more about calculating shared and pooled tips here. 

A few other notes on tip policies

Employer tip “deductions”

As stated above: tips belong to employees, not employers. However, when your employees are tipped via credit card, federal law generally allows restaurants to deduct a proportionate percentage of the credit card processing fee from the tip. (That is, if you have to pay a 4% credit card processing fee, you can legally deduct 4% from your employees’ tips. Keep in mind: this is another case where federal law may permit this policy, but states may have stricter rules.)

Service chargers, surcharges and auto-gratuities

Service charges and surcharges aren’t gratuities. If any of those charges go toward employees, they must be treated as wages, not tips. That goes for auto-gratuities, as it’s a mandated charge and not at the discretion of the customer. For more information on these charges, check out our post with labor and employment attorney Beth Schroeder.

What is the best tip-out policy for your restaurant?

 Tip pooling can be a sensitive subject. Many restaurateurs have the best of intentions when they decide to establish a tip pool, but it’s not always done in a way that benefits the team.

While everyone plays a role in a guest’s experience, servers typically put in the face time and (arguably) can make or break the tip by managing the experience — i.e., establishing rapport, avoiding mistakes, doing damage control when the kitchen’s backed up or runs out of salmon. Servers and other tipped employees may be less excited about sharing tips with back-of-house staff.

And, unfortunately, there’s a level of distrust that your employees may have around tip pools, as some restaurateurs and employees have gamed or abused the system for their own benefit. While they’re certainly in the minority, they’ve given tip pooling a bad rap.

On the other hand, there are some pros to tip pooling and tip sharing with non-tipped employees. It keeps anyone from having a truly terrible night in terms of tips earned. Also: Your back-of-house staff certainly contributes to the experience a guest has — and they’re working just as hard as their tipped co-workers — but they don’t have the earning potential that comes with being a tipped employee.  

If you’re establishing a tip pool for the first time, after ensuring that you’re 100% compliant with state and federal laws, think through the policies and specific percentages that will work best for your restaurant.  

Then, focus on transparency: clearly communicate your objectives and policies. Not only is it required by law that you provide oral or written notice, but it’s also important from a culture and trust perspective. If employees understand the thought and logic behind your decisions, they’ll feel confident that you care about the financial well-being of every person on your team.

What’s the Difference Between Tip Pooling and Tip Sharing?

Do you want to foster teamwork in your restaurant? Want everyone to feel invested in providing top-notch customer service? Look no further — we’ve got the low-down on tip pooling versus tip sharing. 

While guests may only interact with one server, we know there are a lot of people working behind the scenes to create an excellent guest experience. By pooling or sharing tips, you can reward eligible staff for their hard work without increasing labor costs. 

People tend to use “tip pooling” and “tip sharing” interchangeably, but there are some major differences that you’ll need to know before implementing any tip-splitting system. Let’s go over the two systems to see which works best for your business model: 

Tip pooling 

In a tip pool, servers contribute anywhere from 20-100% of their tipped earnings, and managers redistribute tips between all eligible staff. While you may be accustomed to servers working independently to earn their tips, tip pooling creates a less competitive and more collaborative work environment. 

Each employee’s payout depends on all guests receiving great service, not just those in their section. Whether you choose to evenly distribute the tips or do a weighted system, tip pooling provides an opportunity for teamwork and increased productivity.

Pooled tips also alleviate section and table disputes between servers. Your veteran servers may feel slighted if they don’t get the “best” section, but new servers want the opportunity to show off their skills. And, of course, mistakes happen, and servers may accidentally take a table in the wrong section. With pooled tips, this situation becomes no big deal. Everyone is equally rewarded for their work — and you won’t have to mediate any disagreements.

There is, of course, a downside. You have much less insight into how your servers are individually performing, and your top-earning servers may feel like they’re losing out under a tip pooling system. 

Tip sharing (or tipping out)

Most servers are familiar with “tipping out,” or sharing a percentage of their tips with bartenders, hosts, and other support staff. Generally, servers tip out based on a percentage of their sales as a way to thank their team members for contributing to the guests’ experience. For example, the bartender may earn 5% of alcohol sales, while hosts and bussers earn 5% of food sales.

Allowing servers to keep the majority of their tips incentivizes them to offer their best customer service to their sections. Hosts, bartenders, and other support staff also feel invested in creating positive guest experiences because their extra tip-out depends on it. However, you may see more competition between servers for better sections and shifts.

So, what’s the difference between tip pooling and tip sharing? 

Legally speaking, nothing. No matter which system you use, you still need to comply with federal and state laws surrounding tip pooling — or else you may be hit with a hefty fine.

Here are some of the rules you need to follow for both tip pooling and tip sharing: 

  • Employers, managers, and supervisors cannot keep any tips under any circumstance
  • If an employer is paying the full minimum wage (not taking the tip credit), non-tipped employees like cooks and dishwashers may participate in the tip pool
  • Pooled tips must be redistributed within the pay period 
  • If you pool tips, you need to maintain detailed records of tips reported, tips distributed, and payroll records

Make sure you also look up your state’s tip pooling laws to avoid getting into hot water. According to the Civil Money Penalty final rule, you’re liable for fines and other punitive actions, even if you unknowingly violate tip regulations.

How to choose a tipping system 

The main difference between tip pooling and tip sharing is your restaurant’s employee culture. If you’re running a counter service cafe where employees take turns running the register and serving up food, pooling tips and dividing them evenly might be your best bet. With servers taking care of their individual sections, they most likely expect to take home the majority of their tipped earnings. 

The best way to choose: talk to your employees. Tips account for the majority of their income — so they’ll naturally want to weigh in. If they’re not happy with the tip sharing system, you run the risk of losing your best people.

Whether you pool or share tips, your employees want to be paid sooner rather than later. With Kickfin, you can instantly send tips straight to employees’ bank accounts. Request a demo today.  

How to Calculate and Split Tips for Employees

Calculating tip pools can be hard. But calculating tip pools at 2 a.m. in the back office after pulling a 10-hour shift? Let’s just say that’s not anyone’s idea of a good time.

Restaurant managers have a lot on their plates, and for teams that still tip out in cash, you can add bank teller-slash-mathematician to their job description, too. 

Tip pooling can be a great way to ensure everyone on your team gets rewarded for a job well done. But if it’s not done accurately, fairly, and legally, the consequences can be anything from accounting headaches to unhappy employees to serious lawsuits.

To ensure you get all of the benefits of tip pooling and without the risk: here are a few best practices and formulas that you can put to work. 

Setting a tip sharing policy

Tip pooling and tip sharing are two ways restaurant owners can increase employee wages without increasing labor costs, and it can help foster a sense of teamwork among employees. It does, however, mean that your managers will need to do a bit of math before distributing tips at the end of a shift.

First things first, you need to choose a tip pooling or tip sharing system and stick with it. Here are some easy ways to split tips between employees — and how to calculate tips for each of them.

  1. Tip Pooling 

If you want to collect all tips and redistribute them evenly, tip pooling is for you. This is a way to ensure that all servers, bussers, cooks, hosts, and dishwashers benefit from the tipping system. Everyone has a stake in the game to provide excellent service to guests. However, tip pooling is heavily regulated — so make sure you check out your state’s tip pooling laws before implementing this system.

To calculate each employee’s tips after a shift, you generally just need to divide the total tips by the number of eligible employees: 

  • 3 servers, a bartender, and a host are all eligible for tips
  • Total tips = $1000 
  • $1000 tips / 5 employees = $200 each

In restaurants, shifts can often be unpredictable. One server may get cut way earlier than the other, so splitting evenly doesn’t always feel fair — and employees may not be willing to work under this system. To make things more equitable, some restaurants choose to split pooled tips a different way. If you’d like to follow the “hours worked” system, you can divide the tips by the total number of hours worked and tip each employee based on their hours worked. For example: 

  • 2 servers and 1 bartender are eligible for tips 
  • Server #1 and the bartender worked 8 hours each 
  • Server #2 worked 4 hours
  • Total tips = $500
  • Total hours worked = 20
  • Each hour worked = $25 in tips 

Now we’ll multiply each employee’s hours by 25 to find out how much they earned this shift:

  • Server 1 = $200 
  • Server 2 = $100 
  • Bartender = $200

 This system requires a little more thought (and in real life, the numbers won’t be quite as clean), but your servers and bartenders may find this more agreeable than an even split.

      2. Tipping out

Most servers are familiar with “tipping out,” a system where they share a percentage of their tips with bartenders, hosts, and other support staff. In this scenario, the server keeps the majority of the tips they’ve personally earned, but other staff members are still rewarded for their contribution. 

Usually tip out percentages are based on sales. You’ll need to set your own tip out policies, but here’s an example of how to calculate tip outs:

  • Your servers tip out 5% of alcohol sales to bartenders and 2% of food sales to the host
  • A server sold $500 in alcohol and $1000 in food
  • The server received $300 in tips 
  • Bar tip out = $25 
  • Host tip out = $20 
  • The server would leave with $255 in their pocket 

      3. The Point System

While very similar to the “tip out” system we just described, the point system is another valid way to share tips among employees. You assign a point value to each role in the restaurant, and use those values to distribute tips. Here’s an example of how it works when there are 2 servers, a host, and a bartender working together: 

  • 2 servers = 35 points each
  • Host = 10 points 
  • Bartender = 20 points 
  • Total tips = $1000 
  • Total points = 100
  • $1000 in tips / 100 points = $10 per point

Now, you multiple each worker’s points by 10 to see their tips earned for the night: 

  • Server tips = $350 each 
  • Bartender tips = $200 
  • Host tips = $100

Go Cashless

No matter which system works best for you, we also recommend ditching cash tips. After doing all the tip calculations for the night, the last thing your managers want to do is sit and count cash.

Go digital with Kickfin instead. Our tip distribution platform allows you to quickly input employee tips and send money straight to your employees’ bank accounts. Your managers will save time, your employees will be happier, and you’ll save on labor costs. Request a demo to see Kickfin in action today.