Some quirks apparently: From the article, in NYC, "One legal quirk is that if the waitress were actually a cook, searing meat in the anonymity of a kitchen, she

Some quirks apparently: From the article, in NYC, "One legal quirk is that if the waitress were actually a cook, searing meat in the anonymity of a kitchen, she wouldn’t be allowed in the tip pool. Only staffers who interact directly with customers—servers, busboys, runners—are considered food-service workers." Which is one of the reasons for the discrimination angle: not all places or professions pool.