Legal Question in Employment Law in California
Waitress / dancer, tips only, no payroll, need to know the law
I got a ''job'' 3 weeks ago at a bikini bar. I was told I�d have to work on tips
only for three weeks, then I�d be on payroll (min wage + tips)
For the past three weeks, I've been working very hard. 7 hours a night, until
2 am, and I even stayed late to clean up the bar and do NON-TIPPED work.
On a couple of nights I only got $5 or $10 in tips, and I still had to pay the
bar their fees.
But today I was told by one of the managers that there was NO PLAN
TO PUT ME ON PAYROLL. EVER.
Here's my questions:
1) Is it legal, in California, for someone to work as a dancer, on tips alone?
2) Is it legal for management to force such a worker to stay until closing and
clean up the bar? (For no money)
3) Is it legal to take down a job application, with ALL info, including social ,
when there was NEVER a real position in the first place?
4) Is it legal to make the tips-only worker give up $5 a night plus 30% back to
the bar, even though they are not on payroll?
If there's ANYTHING illegal going on here, I want these guys shut down, or at
least settle with me and pay me something. At the very least, I want them to
pay me for 70 hours at minimum wage. (About $472.50)
2 Answers from Attorneys
Re: Waitress / dancer, tips only, no payroll, need to know the law
The answer to all of your questions is NO! An employer can not require you to work for tips alone; It is not legal to require you to work cleaning (or doing anything) without compensation; It is not legal to misrepresent a job, where none exists; and it is not legal for the employer to require you to share your tips (although most tipped employees work out tip pooling arrangements among themselves).
You are due hourly wages, reimbursement for amounts you were required to pay out, interest and perhaps penalties and attorney fees. Give me a call to discuss your case in further detail.
Re: Waitress / dancer, tips only, no payroll, need to know the law
Without writing volumes here, I can say that some of what you address appears to be legal and some appears not to be. Particularly, I would be curious to know more facts about the "cleaning without pay" part of your e-mail and whether this practice affects other workers as well. Feel free to e-mail us at [email protected] or call at (510) 891-9800.
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