Not true. You can not enter into an agreement with your employer that is unlawful. Meaning, if the laws states that the employer can not mandate tip pooling, then they or a union can not make you enter into to a manditory tip pool agrement. They could however make it volintary, but not make it a term of employement. You are also looking at tipping out a bartender as a tip pool. I would think it is more of a tip-out, or lay-off. If it was a tip pool, they all the tips would go into one bucket (meaning every watress, waiter, bar tender, and bar back). Then they would split according to some preset percentage. In this case each waiter and waitress keeps their own, then gives the bartender a small percentage. The bartender doesn't give the servers anything.





