Tip pooling rules: who can share and how to set it up

How tip pooling works under federal law, who can and cannot be included, how the tip credit changes the rules, common distribution methods and how to keep records that hold up.

⏱ 8 min readUpdated November 2026Tipped employees

Animated coin dropping onto a stack of coins$Tip poolTipped employees

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Found it: the pool postingPost the tip pool formula where every participant can see it, with the date it took effect. Most tip disputes start because nobody knows how the split works.
In shortA tip pool collects tips from employees and redistributes them among a group by an agreed formula. Under the federal Fair Labor Standards Act, employers, managers and supervisors may never keep any part of employees’ tips. If the employer takes a tip credit, a mandatory pool may include only employees who customarily and regularly receive tips, such as servers and bartenders. If the employer pays everyone at least the full minimum wage with no tip credit, the pool can also include back-of-house staff such as cooks and dishwashers. Many states add their own rules.
Key takeaways

Tip pooling vs. tip sharing vs. tip-out

The terms are often used loosely. A tip pool generally means tips from a group of employees are combined and then divided by a formula. A tip-out, or tip sharing, usually means an individual tipped employee gives a set portion of their tips or sales to other staff, such as a server tipping out the bartender and busser. The legal rules on who can participate apply to both. For tip-outs specifically, see our restaurant tip-out guide.

The federal rules in brief

Your tip pool setup is complete.

These are the federal minimums. See the tip credit glossary entry for more detail.

State rules can be stricter

Several states, including California, Minnesota, Nevada, Oregon and Washington, do not allow employers to take a tip credit at all, so tipped employees must receive the full state minimum wage before tips. Some states set their own limits on who can join a mandatory pool, how much can be required, or how pools must be documented and disclosed. Cities can add rules too. Always check the law where your employees work; our state labor law pages are a good starting point.

Who can and cannot be in a tip pool

Typical tip pool eligibility under federal rules
Role With tip credit Without tip credit
Servers, bartenders Can be included Can be included
Bussers, server assistants, barbacks, hosts (where customarily tipped) Can usually be included Can be included
Cooks, dishwashers, prep staff Cannot be included Can be included
Managers and supervisors (as defined above) Cannot be included Cannot be included
Owners and the employer Cannot be included Cannot be included

Whether a specific role is customarily and regularly tipped depends on the facts of your business, not just the job title. State rules may differ.

Common ways to divide a pool

Federal law does not set a formula. The most common methods are:

Hours-based methods depend on accurate time records. If hours are wrong, every share is wrong.

Federal tip pool rules, from the DOL

The Department of Labor’s fact sheets settle most tip pool questions. In plain terms:

The practical result: if you want cooks and dishwashers in the pool, you generally need to pay everyone in it the full cash minimum wage and give up the tip credit. Run the numbers both ways before deciding, and check your state’s rules, which can be stricter.

A worked example

A restaurant does not take a tip credit and pays everyone above the state minimum wage. On a Saturday the pool holds $1,200. It uses a points system: servers 10 points per hour, bartenders 8, bussers 5 and cooks 4.

Tip pool example using points
Role Hours Points per hour Total points Share
Server A 8 10 80 $300.94
Server B 6 10 60 $225.71
Bartender 8 8 64 $240.75
Busser 7 5 35 $131.66
Cook A 10 4 40 $150.47
Cook B 10 4 40 $150.47
Total 49 319 $1,200.00

Each point is worth $1,200 ÷ 319 = about $3.76. Each person’s share is their points multiplied by that value, rounded to the cent. The rounding should be checked so the shares add up exactly to the pool. With more roles, more shifts and changing hours, doing this by hand gets error-prone quickly. Our tip pooling calculator does the math for any mix of roles, hours and points.

How to set up a compliant tip pool

  1. Decide whether you take a tip credit; that determines who can be included.
  2. Define eligible roles and confirm no managers, supervisors or owners participate.
  3. Choose a distribution method and write it down.
  4. Tell employees in writing how the pool works before it starts, and have them acknowledge it.
  5. Record each employee’s hours accurately, every shift.
  6. Calculate and pay shares no later than the regular payday for the period, and include them in payroll as required.
  7. Keep records of tips received, pool calculations and payments.
  8. Review the policy whenever roles change or state law changes.

Records and payroll

Tips received by employees are taxable income, and employees must report cash tips to the employer. Distributed tip pool amounts are generally reported as tips for the employees who receive them. Keep daily records of the pool total, the hours and roles used in the calculation and each employee’s share. These records protect both the business and the staff if questions arise. See the shift tips summary template.

EZTime’s EzTip tip pooling feature calculates distributions from actual clocked hours, so shares are based on the same time records used for payroll.

Frequently asked questions

Can managers take part in a tip pool?

Not under federal law if they meet the definition of a manager or supervisor: primary duty of management, regularly directing two or more employees and having hiring and firing authority or influence. They can keep tips they receive directly for service they directly and solely provide.

Can cooks and dishwashers share in tips?

Under federal law, yes, if the employer does not take a tip credit and pays all employees at least the full minimum wage. If a tip credit is taken, the mandatory pool is limited to customarily tipped employees. Check your state’s rules too.

Can an employer keep part of the tips?

No. Federal law prohibits employers from keeping employees’ tips for any purpose. Some states allow deductions for credit card processing fees on tips, under strict conditions.

Is tip pooling mandatory?

No law requires a tip pool, but an employer can generally require employees to participate in a valid tip pool that follows federal and state rules.

How are tip pool shares taxed?

Tips, including shares from a tip pool, are taxable wages for income and payroll tax purposes. Employees must report tips, and employers must include reported tips in payroll.

Is a mandatory tip pool legal?

Under federal law, yes, as long as it follows the rules: no managers, supervisors or owners keep tips, and if you take a tip credit, only customarily tipped employees can be in the pool. The FLSA does not cap how much each employee contributes to a valid mandatory pool. Some states add their own limits.

Can a manager keep a tip a customer gave directly to them?

Under the FLSA, a manager or supervisor may keep tips received directly from a customer for service they directly and solely provided. They still cannot take a share of other employees’ tips or of a pool.

Where to go next

Related guides and tools

Split tips by hours worked, automatically

EzTip, EZTime’s tip pooling feature, divides the pool using the hours each employee actually clocked, so the split matches the time sheet.

Disclaimer: This guide on tipped employees is general information, not legal or tax advice. Tip and wage laws differ by state and city and change over time. Check current federal and state rules or consult an employment attorney before setting up or changing a tip pool.