Legal Question in Employment Law in California
restaurant managers handling employee tips
I work in a restaurant in the state of
California where our managers
require us to turn in all our cash and
credit card tips at the end of every
shift so that they can divide them
among those of us who pool. Is it
legal for them to a.) handle our cash
tips that we are given and/or b.)
require us to blindly turn over all our
cash without us knowing our tipped
amounts, and trust them to allocate
it properly? Thanks!
1 Answer from Attorneys
Re: restaurant managers handling employee tips
The basic rule of tips is that they belong to employees, not the employer. Employees can�t be required to give their tips or any part of them to the company, except as part of a valid tip pooling arrangement and even then, the tip pool must be divided only among certain other employees, not the employer.
Only employees who regularly receive tips can be part of the pool. Employees can�t be required to share their tips with employees who don�t usually receive their own tips, like dishwashers or cooks.
And no employers are allowed in the pool: Tips from a tip pool can�t go to employers,including managers or supervisors.
It sounds like the specifics of how the tips are collated and then distributed should be looked at by an attorney. If you have reason to believe the tips are being shared with the employer without your knowledge, you would have a very strong case.
Feel free to contact me if you would like to discuss this further.
Yours truly,
Bryan
877.201.8728
619.400.4929
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