Legal Question in Employment Law in California

Can an employer in California list gratuities on a pay stub as income and then deduct the same amount?


Asked on 9/23/09, 1:39 pm

2 Answers from Attorneys

Herb Fox Law Office of Herb Fox

In most circumstances, the answer is no. Except for food servers and perhaps a few other occupations, the tips that you collect are yours, although the employer may be entitled to deduct payroll taxes based on the combined tip income and wages. The employer should not, however, be "taking back" your tips.

I would be interested in knowing who your employer is; if it is a large company and this is corporate policy, you may have the basis for a class action case. My firm handles such cases. Feel free to contact me for a consultation

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Answered on 9/23/09, 2:15 pm
Herb Fox Law Office of Herb Fox

I want to clarify my answer above as to food servers. Their tips do belong to them, but the employer can pay less than the minimum wage, the difference being made up by the tips

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Answered on 9/23/09, 2:33 pm


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