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Ed Sills, a spokesman for the Texas AFL-CIO, said tips should be the sole "property of the people that own them," and he challenges the argument that the proposal is supposed to close the wage gap between tipped and non-tipped workers.
That said, employers must still be careful to avoid pressuring or suggesting that employees must participate in these pools, especially tipped employees.
A tipped food and beverage server who has waived his or her meal period must still be given an opportunity to consume food during shifts of six hours or longer.
Before claiming credit for tips received by a tipped employee, an employer must first meet two conditions:
Improved operational efficiencies such as the elimination of management handling cash tips indirectly and dealing with disputes between direct and indirect tipped employees.
Like commissioned employees, the bulk of most tipped employees' wages comes from tips.
In assessing unreported tip income, the IRS audits the restaurant (not individual employees, as that would be administratively burdensome) and assesses the employer share of FICA based on the aggregate amount of unreported tips from all the restaurant's tipped employees.
Tipped restaurant employee strategy: The IRS has a multi-year strategy to improve reporting of tips by employees.
If the aggregate amount of tips reported for any payroll period or calendar year is less than 8%, employers who qualify as large establishments must allocate the difference among tipped employees on either a "good faith" agreement, or on the allocation methods prescribed in Sec.
Consumer Reports(R) has rated the 2001 Mitsubishi Montero Limited "Not Acceptable" after it tipped up severely on two wheels during CU's emergency avoidance-maneuver tests.