A bill in Puerto Rico’s Legislature proposes that employees who receive tips be free to decide whether to keep the money customers give them or share it with co-workers, without employers being able to dictate how it is distributed. The measure seeks to protect both the consumer’s wishes, since customers decide whom to recognize for service, and the worker’s right to decide what to do with their tips.
As explained during the legislative process, the proposal would let employees voluntarily take part in a tip pool ("pote") or keep tips individually, and workers could change their decision. Representative Ensol Rodríguez Torres, the author of the measure, said the decisions would be made monthly or weekly, right before a shift begins, and that the measure sets up a documented agreement between employer and employee.
The legislation responds to complaints from workers who allege that some employers control tips and decide how to distribute them, without employees clearly knowing how those funds are handled. The Restaurant Association (ASORE) opposes the measure, arguing it could affect the team-service model, impose disproportionate administrative burdens and expose businesses to a greater risk of litigation.