Legal Question in Employment Law in California

Re: tips

The general answer to your question is that a tip is the property of the employee. However, there are exceptions rule allowing employers to pool the the tips for distribution among all of the employees who actually service the table. These tips would not be shared among the chefs or others who do not directly service the tables.

Re: tips

No. Managers are never permitted to take tips from tipped employees. Even tip pooling arrangements must be completely free of management involvement or control. If the amounts taken up to this point are sigificant, file a claim with the Labor Commissioner. If the sum is small, keep good records and wait until you separate your employment (you can go back 3 years). Penalties may be available.

Re: tips

Not usually, but there are exceptions. In one of our current cases, the tips are being shared with various positions, some are properly entitled to received their share and some are not. If you wish to discuss the reasons for the distinction, please contact us directly at (510) 891-9800.