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337.065 Unlawful for employer to require remittance of gratuity -- Tip pooling.
(1) No employer shall require an employee to remit to the employer any gratuity, or any
portion thereof, except for the purpose of withholding amounts required by federal <br>or state law. The amount withheld from such gratuity shall not exceed the amount <br>required by federal or state law.
(2) As used in this section, "gratuity" means voluntary monetary contribution received
by an employee from a guest, patron, or customer for services rendered.
(3) No employer shall require an employee to participate in a tip pool whereby the
employee is required to remit to the pool any gratuity, or any portion thereof, for <br>distribution among employees of the employer.
(4) Employees may voluntarily enter into an agreement to divide gratuities among
themselves. The employer may inform the employees of the existence of a voluntary <br>pool and the customary tipping arrangements of the employees at the establishment. <br>Upon petition by the participants in the voluntary pool, and at his own option and <br>expense, an employer may provide custodial services for the safekeeping of funds <br>placed in the pool, if the account is properly identified and segregated from his <br>other business records and open to examination by pool participants.
Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 115, sec. 2, effective July 15, 1996. -- Created
1976 Ky. Acts ch. 222, sec. 1.
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