Legal Question in Employment Law in California

Tip pooling and Mgmt Intimidation

I work as a bellman @ a hotel is West LA. My bellcaptain demands a full share of our tip pool even when he's off the floor doing ''MGT Duties''. I've mentioned my distain of this unethical (illegal sec 350-356 CA LBR CD) practice to my Dept Head and his defense of the practice is ''...it's customary in this business..'' I filed with the DLSE for lost tips and the ''prelimainary conference'' w/ hotel counsel went nowhere. Should I proceed alone?


Asked on 5/30/01, 2:11 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Tip pooling and Mgmt Intimidation

The hearings are semi-formal and people who are articulate and do not get nervous or are not easily intimidated, may do well. However, the employer may bring counsel, and some hearing officers can be difficult, so at the risk of sounding self-serving, most people are better off hiring counsel to represent them.

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Answered on 6/19/01, 6:53 pm


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