Whether a waiter keeps 100% of their tips in 2026 depends on the restaurant's "tip pooling" or "tipping out" policy, as well as local labor laws. In the United States, federal law dictates that tips are the sole property of the employee, but it does allow for mandatory tip pools where a portion of the server's earnings (often 15–30%) is shared with "back-of-house" support staff like busboys, bartenders, and sometimes even the kitchen crew. However, it is strictly illegal for managers or owners to take any cut of these tips. In 2026, many restaurants are moving toward "service inclusive" models or digital tipping systems that automatically distribute funds. You should also be aware that for credit card tips, some employers are legally allowed to subtract the credit card processing fee (usually 2–3%) from the tip amount before paying the waiter, depending on specific state regulations.