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 California tip pooling laws, employers can not take any credit card processing fees from the tip pool.
If I receive tips on the job, do I have to share them with my
employer or supervisor?
Under the California tipping laws, 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 law.
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 the California tipping 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 laws your employer cannot credit your tips against the money the employer owes you.
About Kaufman Law Firm
litigating on behalf of thousands of employees
The Kaufman Law Firm is a California employment law firm that's dedicated to representing employees in disputes against their employers regarding California tip pool laws. Matthew A. Kaufman is an experienced labor lawyer and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 100 class action lawsuits.
Mr. Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, his cases include individual disputes and class action lawsuits. The law firm is based in Sherman Oaks, California and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
If you need experienced representation by an employment lawyer who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
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