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California Tip Laws & Pooling

What are tips and when should they be paid?


A tip is money a customer leaves for an employee over the amount due for the goods sold or services rendered. Tips belong to the employee, not to the employer. If a customer tips on a credit card, the tip must be paid to the employee no later than the next regular payday following the date the patron authorized the credit card payment. Under tip pooling laws in California, employers can not take any credit card processing fees from the tips.

If I receive tips on the job, do I have to share them with my
employer or supervisor?

Under California tip law, employers cannot share in tips or tip pools of their employees. Sometimes a supervisor or owner of a business takes a percentage or a fee out of their employee's tips. Even though this is practiced in restaurants, hotels, and casinos, this is strictly prohibited under the tip laws.

As in all other wage cases, an employee can recover attorney's fees in an action to recover tips.

Can I be forced to share my tips?


The answer is yes and no. Under California tip law, "involuntary tip pools" are permitted where the tips are shared with the personnel who provide the services for tips. For example, in a restaurant, this includes everyone who provide "direct table service", i.e. waiters and waitresses, busboys, bartenders, host/hostesses and maitre d's.

The most controversial aspect of tipping is when supervisors and owners share in the tip pools. This practice is not legal under the tip laws in California. Supervisors and owners cannot share in tip pools and tip pooling cannot be used to compensate the owner, manager, or supervisor of the business under any circumstances.

Your employer can neither take your tips (or any part of them), nor deduct money from your wages because of the tips you earn. Furthermore, under the tipping law your employer cannot credit your tips against the money the employer owes you.

Harris & Kaufman Can Help You

Harris & Kaufman is a Los Angeles area law firm that's dedicated to representing employees in disputes against their employers to do with the California tip pooling laws. Our lawyers can assist you if you believe that your employer has broken the tipping laws.

Our employment attorneys are experienced and have had numerous trials, arbitrations, and appeals and have litigated on behalf of thousands of employees.

Harris & Kaufman has represented workers in state and federal court and in administrative proceedings before the Labor Commissioner. Determined and aggressive, our cases include individual disputes and class action lawsuits.

We are aggressive and experienced lawyers and can help enforce your rights under California state law or state regulations. Based in Sherman Oaks, Cal. we serve greater Los Angeles, Orange County, Ventura County, San Diego, San Francisco, Oakland, and have cases statewide.

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