§ 28-14.1-2 — § 28-14.1-2. Restrictions on tip pooling.

Rhode Island § 28-14.1-2

• Jurisdiction: Rhode Island
• Title 28: Labor and Labor Relations
• Ch. 28-14.1: Tip Protection

Text

§ 28-14.1-2. Restrictions on tip pooling.

(a) A tip is the sole property of the tipped employee. Any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer is prohibited.

(b) The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips.

(1) An employer must notify its employees of any required tip pool contribution amount, may only take a tip credit for the amount of tips each employee ultimately receives, and may not retain any of the employees' tips for any other purpose, except as provided in § 28-14.1-4.

(2) An employer that pays the full minimum wage and takes no tip credit may allow employees who are not tipped employees to participate in the tip pool. This shall not apply to exempt employees as defined by section 13(a)(1) of the Fair Labor Standards Act as defined by regulations 29 C.F.R. Part 541.

Legislative History

P.L. 2022, ch. 245, § 1, effective June 28, 2022; P.L. 2022, ch. 246, § 1, effective June 28, 2022.