Who can be in my tip pool in Pennsylvania?

The short answer

It depends on your cash wage. If anyone in the pool is paid a tip-credited wage (under $7.25 an hour), Pennsylvania limits the pool to jobs that customarily and regularly get tips. If everyone gets at least the state minimum, the pool can include non-tipped staff too. Managers, supervisors, and employers can’t receive from any pool. Card tips are yours, and processing fees can’t be taken out.

The rule in Pennsylvania

Card tipsTips paid by credit card or another non-cash method belong to the employee who receives them.
Processing feesEmployers can’t deduct credit card or other payment processing fees from tips.
Pool with tip-credited staffOnly people in occupations that customarily and regularly receive tips.
Pool when all get the minimumCan include both tipped and non-tipped employees.
Managers and ownersCan’t receive from a pool, but may contribute tips they earned themselves.
“Tip pools including any employee who is paid a tip credited minimum wage (less than $7.25 per hour) may only include individuals in occupations who customarily and regularly receive tips.” (Pennsylvania DLI: overtime and tipped worker rules)

What’s different in Pennsylvania

Pennsylvania’s pool rules track the federal two-track setup closely: a tip-credited wage keeps the pool to tipped jobs, and a full minimum opens it to the kitchen. The minimum is still $7.25 here, but your tipped cash wage is $2.83, not the federal $2.13, so the house pays a little more per hour before tips.

Two state details matter at the end of a shift. First, the Department of Labor & Industry says card fees can’t be skimmed from your tips, so a card tip should reach you in full. Second, a manager who waits on a table may drop that tip into the pool, but can never pull money back out of it.

Official sources

Last verified

. Checked the agency pages linked above.

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.