Legal Question in Employment Law in California

Tips&Wages
For the past 7/8 years I've been working at this restaurant where my boss keeps taking half of all the tips and no breaks. And just a few month ago he's agreed to pay me 9.00 per hour as before he's paid me 7.00.. He threatened me with reporting me to the imigration the few times I've quitt... Please help... I can't do this much longer...
Do I have a case/chance here and if so where do I need to go to get started...?
Thanks in advance
Sincerely
Mo

Asked on 9/22/08, 10:16 am

3 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

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Re: Tips&Wages

Hello, Mo. And I am sorry about your situation at work. This kind of conduct angers me personally.

It is unlawful for your boss to engage in tip sharing with you. I have actually written an article on this in my blog here:

http://www.sanfranciscoemploymentlawfirm.com/sanfrancisco-employment-lawyer/2008/7/15/tip-pooling-and-tip-sharing-by-employees-in-the-service-indu.html

I am in your area (SF), so if you would like to discuss this further, feel free to contact me.

Thanks,

Arkady Itkin

San Francisco Employment Law Firm

www.sanfranciscoemploymentlawfirm.com

Answered on 9/22/08, 4:54 pm

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Yass McNeil

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Re: Tips&Wages

Dear Mo,

Not only Tip sharing by your boss is not allowed, he needs to pay you proper wages, allow you to take meal and rest time brakes, and certainly can not black mail you to working for him, by threatening to report you to immigration. If you need to discuss your case further feel free to contact me. There is much you can do about this situation.

Answered on 9/22/08, 5:13 pm

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