McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

Is Tip Pooling Allowed in New Jersey?

New Jersey employers may participate in tip pooling, an arrangement in which employees split a portion of their tips with other employees. The federal Department of Labor only allows employees who regularly receive tips to take part in the pool. Employees must receive notice of the pool; cannot be required to contribute more than is customary and reasonable; must be able to keep at least minimum wage; and are not required to share tips with their employers or with employees who do not typically receive their own tips.

Related FAQs

  • How much compensation can warehouse employees recover in a wage theft claim?

    Compensation may include back pay, unpaid overtime, liquidated damages, penalties against the employer, and attorneys’ fees. The exact amount depends on your case and whether a class action is pursued.

  • Can I be fired for reporting warehouse wage theft?

    No. Both federal and state laws protect employees from retaliation. If you are disciplined, demoted, or terminated for filing a claim, you may have additional legal remedies.

  • What should I do if my warehouse employer isn’t paying overtime?

    You should document your hours worked, save pay stubs, and contact an employment law attorney. Wage and hour laws require employers to pay time-and-a-half for hours over 40 per week.

  • Can warehouse workers file a class action for wage theft?

    Absolutely. If multiple warehouse employees at the same company experience the same labor violations, a class or collective action can be filed to recover unpaid wages for all impacted workers.

  • Do warehouse workers have to be paid for time spent in security checks?

    Yes. If your employer requires you to undergo security screenings before or after your shift, you may be entitled to be paid for it.

  • What Happens to Employee Tips?

    The truth is that it depends on the restaurant that you’re in. Different restaurants have varying tipping policies.

    Some restaurants may have pooled tips, while others may have direct tips. These two are the most popular options for restaurants around the country.

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  • What’s a Tipped Employee?

    A tipped employee is a legal term that’s used to describe a career field that relies on tips in a major way. This is someone who receives at least $30 or more per month in tips. These kinds of jobs are almost exclusively in the service industry.

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  • What’s the Tipped Minimum Wage?

    The tipped minimum wage for New Jersey is $5.26 per hour. As you can see, this is significantly lower than the standard minimum wage in the state. However, it’s much higher than most other states in the US.

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  • Can Employers Change Wages?

    Under state law, employers are entitled to change their employees’ wages. They need to give you advance notice and it can’t be done retroactively. However, they may not reduce your pay below the state minimum wage if you are in a qualifying job.

    Read More

  • How Many Hours Should You Work Each Week?

    Under the new legislation, a standard working week in most jobs is 40 hours. This means that you are entitled to overtime pay for every minute you work over 40 hours.

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