Request Legal Help Now - Free

LAWSUITS NEWS & LEGAL INFORMATION

California Labor Law Protects Employee Tips

. By
San Diego, CAWhen people think of California labor law, they probably typically think about laws that protect an employee's wages, limit the number of hours worked, and prevent harassment and discrimination. However, there are laws that protect other areas of employment. These laws are often overlooked and in many cases unknown by employees. For example, California labor law protects employees who earn tips during the course of their employment.

California Labour Law waiterTipping occurs when a customer leaves money for an employee as a thank you for goods sold or services given. Tip pooling occurs when an employer requires employees to combine all their tips and split the money among the employees. Under California law, tip pools are allowed when the tips are shared with employees who provide direct services that result in a tip. In a restaurant this would include hosts, servers, busboys and anyone else who provides direct table service. Chefs are only included in tip pooling in restaurants where the chef prepares the meals at the customer's table.

What many employees do not know is that tips belong to the employee, not the employer. This means that supervisors cannot share in tip pools. Essentially, tips can only be share with employees who do not have the authority to hire or fire employees or to supervise or direct the actions of other employees. Furthermore, employers cannot deduct money from wages because of earned tips, nor can tips be used to compensate business owners.

Any tips that are made on a credit card must be paid to the employee by the next regular payday that follows the date the credit card payment was authorized. Employers must give their employees the full amount of a tip given on a credit card and may not deduct any credit card processing fees from the tip.

Tips are currently not considered part of a regular pay rate in California. In this way, California law differs from federal law in how tips are viewed. Under California law, "an employer cannot use an employee's tips as a credit towards its obligation to pay the minimum wage." Therefore, tips that are collected are over and above the required minimum wage pay.

Workers whose employers violate California labor law can file a lawsuit against their employers. In the case of employers who use tips as a credit toward minimum wage owed, plaintiffs can file a lawsuit to recover lost wages. It is also illegal for an employer to retaliate against an employee who objects to the practice of crediting tips against wages. Here, too, that employee has the right to file a lawsuit against his employer.

READ ABOUT THIS LAWSUIT

California Labor Laws Legal Help

If you are employed in the State of California and feel that your employer or a co-worker has violated a state or federal employment law, please contact a lawyer involved in a possible [California Labor Laws Lawsuit] who will review your case at no cost or obligation.

READER COMMENTS

Posted by

on
I am a waitress. At my work, we pool tips among servers, busboys, Sushi chefs, and hostesses. And all divisions have maximum rate of the percentage. (Servers and Sushi chefs are 100%, Busboys are 40% and Hostess 20%)
Lately, My restaurant released new menu items, since Servers and sushi chefs are still not familiars with new menu items, the employer lower our tips rate as 75%. Is this regal in California?

Posted by

on
I work with the Freeway Service Patrol as a tow operator. We contract with O.C.T.A under a hourly rate thats paid to the contractor who pay's me a hourly rate...It is stated in our Standard operating procedure(sop) that we are not allowed to take tips because its against the law..The service is a tax funded program therefor, the service we offer is free to the motorist....Why would it be against the law to axcept a tip?

Posted by

on
I am a waitress and my co has a policy that we have to pay $25 for any missing guest checks. I have a customer that dined and dashed. Should I have to pay the $25 for his 16.00 ck?? Is it legal for them to charge me for their losses?

Posted by

on
The owner of the restaurant that I work as a waitress , makes m tip 2. Busboys ,the kitchen and the dishwaher .is this legal?

Posted by

on
My employer takes the tip pool jar and keeps all the tips. His reasoning is he is going to keep the tips because mistakes were made during service. Is that legal?

Posted by

on
is there an amount,% that is aoutomaticlly set in a tip pool by law? or dose the owner,maneger of the resterant set a % they want?

Posted by

on
I have a friend that is a waitress in a Chinese restaurant and the owners make them pay 1.50 per table that they get to help compensate the bussers who are family and not on payroll. if they get 2.00 tip the only walk out with .50 if the get a 1.00 tip they have to pay .50. Is this right and if not then please let me know who I would need to conact?

Posted by

on
I am a waitress. I go in on my scheduled days and am sent home after only being there for two hours. I don't want to go but they say im cut. Is that legal of do they have to pay me for four hours? Im in Califofnia

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com

Request Legal Help Now! - Free