Q: Can a tip compensated employee, i.e. server, voluntarily contribute their tips to the employer?
A:
In Louisiana, tip-compensated employees, such as servers, generally have the legal right to keep their tips, as tips are considered the property of the employees who receive them. Employers are prohibited from taking or accepting tips that belong to their employees. However, tip pooling arrangements among employees are allowed, provided they comply with federal and state laws.
While tip pooling allows employees to voluntarily contribute a portion of their tips for redistribution among a group of employees, it's important to emphasize that employees cannot typically voluntarily contribute their tips to the employer. Tips are intended to be additional compensation for employees and should not be considered part of the employer's revenue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.