Legal Question in Employment Law in California

I work at a restaurant in California as a Runner. At the end of the night I have to wait to get tipped out from the servers. This means I have to wait for all of the servers to be cashed out before I can be tipped out. This usually takes between 30 mins and an hour for the manager to finish. Recently they told us that we must clock out while we wait for our tips. I do not think this is fair, and I believe I should getting paid for this time. Does anyone know if this is illegal? Should I be compensated for my time??

Thank you!!!!


Asked on 5/05/11, 8:44 pm

2 Answers from Attorneys

All your mom has to do is go to her bank and put a stop payment order on the missing check. Then cut the gardner another one.

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Answered on 5/05/11, 10:01 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I do not think the time you have to wait for tips is compensible. Presumably, you are free to leave and come back later. If you are not performing any service or under the control of the employer, they do not have to pay you.

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Answered on 5/06/11, 10:04 am


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