Opinion letter · United States · Wage and Hour Division

Wage and Hour Division says shift supervisors who also bartend or help other staff may not share in employees' tips

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal

In short

What changed
The Wage and Hour Division (WHD) issued an opinion letter saying the Fair Labor Standards Act (FLSA) bars a supervisor whose duties match the executive duties test from taking any share of other employees' tips through a tip pool or "tip out." This holds even when the supervisor also bartends or helps other staff. The supervisor may keep tips customers give directly for service the supervisor alone provided.
Who's affected
Employers that run tip pools or tip-out arrangements and have supervisors or managers (by duties, whatever their title) who also do tipped work. Restaurants and bars are the main example, along with coffee shops and salons.
What to do
This letter creates no new duties for employers. It explains how WHD reads the existing ban on managers and supervisors keeping employees' tips, so consider checking that no one whose duties match the executive duties test receives pooled or tipped-out tips.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Does the same ban apply to an employee who mainly bartends or serves but works occasional shifts as a manager?

    The letter expressly says it does not address that situation.

Related changes

History

  1. Latest · · Issued

    FLSA2026-13: Whether the FLSA allows a restaurant supervisor who also works as a bartender to keep a portion of other employees' tips and the extent to which he may participate in a tip pool. Source (opens in a new tab)

Sources