---
title: "Tip pooling rules in Illinois"
description: "Illinois says tips belong to employees and must be paid within 13 days after the pay period ends. Pooling among employees is still allowed."
url: https://www.tipmaxapp.com/us/answers/illinois/tip-pooling
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# Can my boss keep my tips or make me pool them in Illinois?

**Short answer:** **Your boss can’t keep them.** The Illinois Department of Labor says gratuities are the property of employees and employers can’t retain them. Tips have to reach you within 13 days after the end of the pay period you earned them in. A tip pool among employees, where the law permits one, is still allowed. Separately, your employer may credit tips toward up to 40% of your wages.

## The rules in Illinois

| Rule | What it says |
| --- | --- |
| Who owns tips | Gratuities are the property of employees. Employers can’t retain them. |
| Payout deadline | Within 13 days after the end of the pay period in which the tips were earned. |
| Tip pools | The law doesn’t prohibit a tip pooling arrangement among employees as permitted by law. |
| Tip credit | Since January 1, 2025, an employer may credit tips toward no more than 40% of the wages. |

> “The law requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned.” (Illinois Department of Labor: gratuities press release (Feb. 10, 2020), https://labor.illinois.gov/news/press-release.21141.html)

## What’s different in Illinois

The federal rule says who may join a required pool and bars managers from it. Illinois adds its own payout clock in state law: your tips can’t sit with the house past 13 days after the pay period closes.

Your pay floor is also higher. The state lets employers take a tip credit capped at 40% of wages, which leaves a $9.00 cash wage against a $15.00 minimum, well above the federal $2.13. The press release from the labor department doesn’t spell out who can be in a pool; it says pooling among employees is allowed where the law permits it, so the federal limits on managers and supervisors are a good starting point.

## Official sources

- [Illinois Department of Labor: gratuities press release (Feb. 10, 2020)](https://labor.illinois.gov/news/press-release.21141.html)
- [Illinois Department of Labor: minimum wage and overtime FAQ](https://labor.illinois.gov/faqs/minimum-wage-overtime-faq.html)

## Last verified

September 23, 2026. Checked the agency pages linked above.

**Still open:** The pooling statement comes from a 2020 Illinois Department of Labor press release, not a rule page, and it doesn’t list who may join a pool.

## About TipMax

Illinois gives employers 13 days after the pay period to hand over tips, and a dated shift log lets you check each payout against that clock.

TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards.

Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146

---

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.