Can my employer make me tip out the kitchen in Washington?

The short answer

Yes, it can. Washington L&I says employers may set up tip pools or require you to tip out other employees, and a pool can include staff who don’t serve customers directly, like kitchen staff and hourly lead workers. Business owners and salaried-exempt managers can’t be in it. You can’t be required to put in more than you got in tips, and every tip must go to employees.

The rule in Washington

Tips belong toEmployees. The employer can’t take tips for company use or to pay wages.
Pools and tip-outsEmployers may set up tip pools or require employees to tip out other employees.
Who can be in the poolStaff who don’t serve customers directly, such as kitchen staff and hourly lead workers.
Who can’tSalaried-exempt managers and business owners.
Contribution capYou can’t be required to put more into a mandatory pool than you received in tips.
“Employees cannot be required to contribute more than they received in tips to a mandatory tip pool.” (Washington L&I: tips and service charges)

What’s different in Washington

Under federal law, whether cooks can share a required pool turns on your cash wage. In Washington that question mostly goes away, because the state allows no tip credit: you earn the full $17.13 an hour first, and L&I says outright that kitchen staff can be in the pool.

The line on managers is drawn differently. L&I excludes salaried-exempt managers and owners, and names hourly lead workers as eligible. The cap on contributions protects a slow night: a pool based on sales can’t take more than you actually made in tips. Service charges have their own rule too; if the house doesn’t clearly disclose where a charge goes, the whole charge goes to the worker who served.

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.