Manager Assigned to Wait Tables, Tips Deducted from Salary

My question involves employment and labor law for the state of: Georgia

I am a restaurant manager on salary, but a couple times a week I have to take tables. I get tips from these tables. My employer requires me to report how much I make in tips and he takes it out of my salary. As a result, my check is not the same every week.

Is this legal?

Does this mean that I am not exempt under FLSA?

Thank you for any help on this matter.

Perfectly. You are a salaried employee, not a tipped employee. Services you render under our salary, that generate additional revenue belong to the company. You could request permission to divide it among the tipped employees.

Does the restaurant use a tip pool? Do you customarily and regularily receive tip income in excess of $30 per month? Does the amount that your employer is claiming exceed the difference between regular minimum wage and minimum required cash wage (minimum wage for tipped employees)?

Yes, it is a tip pool. I get over $30 per week. I have to deduct between $50-150 a week from my salary, but I work 50-60 hours per week. So, per hour,it is less than the difference of 7.25 and 2.13.

Why is a manager partaking in a tip pool? I have never heard of that.

Managers cannot participate in a tip pool.

So, what does that mean for me? It's my understanding that if a manager is not doing "manager" duties and is doing the same job duties as a server, it is allowed.
But, back to my original question, does this make me not exempt from FLSA?

Not if the balance of your duties still qualify as exempt. There isn't an exempt employee alive who doesn't occasionally do SOMETHING that would generally fall under a non-exempt position.

I get that, but my check is not the same every week. I'm not debating the legality of the tips,etc. I just want clarification if getting tips and removing them from my salary every week, removes me from exempt status.

You're a manager. Under the FLSA you cannot participate in a tip pool. The better solution would seemingly be to stop taking money from the tip pool and simply accept your salary. To the extent that your employer wants you to take tips, subject to this recoupment, they should run the specifics of their policy past their lawyer to ensure that it's lawful, as the consequences of "doing it wrong" can be significant.