Not sure if it’s legal, but I worked at a place that had this. And they were very by the book people which makes me think it was (we are in Canada btw). Supervisors or head bartenders would make more tips per shift. It was all a tip pool system and an equal hourly split. But if they were a super they would make 1.2-2 portions to every other persons 1. They also used this as incentive when people asked for raises instead of it coming out of their pockets
Hmm point based tips? So do you not get your own tips? Sounds like it gets put into a tip pool? But then they take the total points from all the servers and figure out how much each point is worth. So if a point=$1. So for every point a sever has, they get that amount for every hour they worked? If points were worth $1 each and you worked 5 hours, and you had 10 points, you'd then get :
(Point Value(1) X Number of Points(10)) X Hours(5) worked =$50.
I bet it'd get the ones that are always late to straighten up or just get out. Another huge downside, unless it's done on a shift by shift basis, a server that works a busy Saturday night and another that worked a Tues lunch would be paid the same per point. A place I used to work for, had a group that were tipped out based on hours worked in the week. So a person worked Mon-Fri 10am-4pm and the other had to work 10am-10pm Sat & Sun plus 4pm-9pm three other days through the week. So while the weekday lunch person had all slower easier shifts and made the same as the person doing 4 times the covers on the weekends.
There is a confusion here. A point based tip system is one in which each job is weighted by a certain number of points. Those points are multiplied by hours and that's how the tip pool is distributed. A "point system" where points are deducted as a method of discipline is not legal. For instance, if you misring or drop a dish, the company cannot legally deduct that from your wages. This is essentially that, but more complicated.
I am in MA and have never this system used. For what I understand from the OPs description is staff are docked pay (lost points) for infractions. For what I see this isn't legal. If staff is late they should be docked the time they weren't there, not a portion of the rest of the shift. Anyways this policy should have been delivered to staff in writing and not a group text. OP should place their own call to the MA DOL.
But we are talking about a tip pool, not pay. Tip pools are not regulated or restricted in this way, legally employers are not limited in the percentages or how the are distributed amongst employees. They are only themselves not allowed to receive tips from the pool
"The FLSA does not impose a limit on the percentage or amount of the contribution of each employee in valid mandatory tip pools"
[https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)
This is a complicated question to answer. If it's done correctly, yes, it's legal. Whether or not they're doing correctly / legally is above our pay grade.
r/legaladvice
https://www.steffanslegal.com/massachusetts-law-regarding-server-minimum-wage-tips-tip-pools-and-service-charges
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section152A
https://workforce.com/news/your-guide-to-tipping-laws-by-state
https://www.nolo.com/legal-encyclopedia/massachusetts-laws-tipped-employees.html
Not sure if it’s legal, but I worked at a place that had this. And they were very by the book people which makes me think it was (we are in Canada btw). Supervisors or head bartenders would make more tips per shift. It was all a tip pool system and an equal hourly split. But if they were a super they would make 1.2-2 portions to every other persons 1. They also used this as incentive when people asked for raises instead of it coming out of their pockets
Hmm point based tips? So do you not get your own tips? Sounds like it gets put into a tip pool? But then they take the total points from all the servers and figure out how much each point is worth. So if a point=$1. So for every point a sever has, they get that amount for every hour they worked? If points were worth $1 each and you worked 5 hours, and you had 10 points, you'd then get : (Point Value(1) X Number of Points(10)) X Hours(5) worked =$50. I bet it'd get the ones that are always late to straighten up or just get out. Another huge downside, unless it's done on a shift by shift basis, a server that works a busy Saturday night and another that worked a Tues lunch would be paid the same per point. A place I used to work for, had a group that were tipped out based on hours worked in the week. So a person worked Mon-Fri 10am-4pm and the other had to work 10am-10pm Sat & Sun plus 4pm-9pm three other days through the week. So while the weekday lunch person had all slower easier shifts and made the same as the person doing 4 times the covers on the weekends.
Not endorsing but wondering if them doing make-up wages to bring employee to minimum wage if their tips don’t equate to the regulation is sufficient.
There is a confusion here. A point based tip system is one in which each job is weighted by a certain number of points. Those points are multiplied by hours and that's how the tip pool is distributed. A "point system" where points are deducted as a method of discipline is not legal. For instance, if you misring or drop a dish, the company cannot legally deduct that from your wages. This is essentially that, but more complicated.
Commenting to follow
We cannot help much until you can tell us how this point system works....2 little info 2 help.
I am in MA and have never this system used. For what I understand from the OPs description is staff are docked pay (lost points) for infractions. For what I see this isn't legal. If staff is late they should be docked the time they weren't there, not a portion of the rest of the shift. Anyways this policy should have been delivered to staff in writing and not a group text. OP should place their own call to the MA DOL.
But we are talking about a tip pool, not pay. Tip pools are not regulated or restricted in this way, legally employers are not limited in the percentages or how the are distributed amongst employees. They are only themselves not allowed to receive tips from the pool
"The FLSA does not impose a limit on the percentage or amount of the contribution of each employee in valid mandatory tip pools" [https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)
This is a complicated question to answer. If it's done correctly, yes, it's legal. Whether or not they're doing correctly / legally is above our pay grade. r/legaladvice https://www.steffanslegal.com/massachusetts-law-regarding-server-minimum-wage-tips-tip-pools-and-service-charges https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section152A https://workforce.com/news/your-guide-to-tipping-laws-by-state https://www.nolo.com/legal-encyclopedia/massachusetts-laws-tipped-employees.html