Employment Law Questions? Ask an Employment Lawyer.
Employers can NOT share in tip pooling, regardless of the sort of work that they choose to do for the company.
New York law makes it clear that this is not permitted in NYLL Sec. 196-d, which states "No employer or his agent or an officer or agent or any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee."
You should file a wage complaint with your state's DOL:
This is a protected complaint, meaning that you can't legally be retaliated against for filing it.