Legal Question in Employment Law in California

Employer control of employees tips

If a waiter includes the gratuity on a check and the guest leaves additional gratuity and after a few days suddenly becomes "aware" that they "overtipped" and wants the over amount back, what rights does the guest have, the employer have, and most importantly, what rights does the server have. If the employer decides to reimburse the guest, can the server be required to reimburse the employer?

Thank you for your time!


Asked on 8/27/99, 6:30 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Employer control of employees tips

A tip is a gift and once it is accepted it becomes final.

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Answered on 8/30/99, 3:01 pm


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