Aside from the regular minimum and overtime wages, people who perform work in establishments such as casinos and restaurants also receive tips from their customers. When employees, particular wait staff, receive tips, it basically means that they have offered their customers an excellent service. Such practice is tolerated in the State of California; in fact, its labor laws protect even tipped employees.
California laws on tips, unfortunately, are not recognized by many employees who work in casinos, restaurants, and other establishments. In most cases, tipped employees often disregard their employers’ actions or inaction’s regarding the matter, without them knowing that the latter has already been violating the basic provision on tipping. The basic provision of the tipping laws in California states that an employer does not have the right to obtain a share of the tips that their employees receive.
If you are a tipped employee and you think the tips that you receive goes to your employer, then it is a must that you first file a complaint with your immediate superior. If your employer does not do so something about it, then you can either contact a labor attorney or file your complaint with the Department of Fair Employment and Housing (DFEH).
Meanwhile, here are some things you might not be aware of with regard to the tipping laws in California:
- A mandatory tip pooling policy is allowed in California businesses. Under the prevailing tip laws in the state, a tip or any gratuity left for an employee in a tip pooling setup belongs to all employees “who directly contributed to the services of the customer.” It should be, however, fairly and equally distributed among the employees in order to promote peace among those involved in the tip pooling.
- Managers who foresee the activities of the wait staff may be included in the tip pooling scheme. However, managers who have the authority to hire or terminate a member of the wait staff and do not work on the floor with them are not included in the tip pooling setup.
- Tipped employees may receive double tips, given that the employers may add a service charge to the customers’ bill.
To know more about other provisions regarding tips, you may consult with an experienced Los Angeles labor lawyer.
Employment contracts are among the most important documents you could have as an employee as they contain the description of your employment relationship with your employer. These documents also contain everything from one worker’s duties and responsibilities, compensation, as well as the benefits that one person should receive.
What Does Your Company’s Employment Contract Should Have?
If you are an employer, you should know how to correctly and appropriately draft employment contracts. So how should you draft one and what should an employment contract contain?
- The parties involved in the contract. First and foremost, the contract should contain information about the parties or persons involved in the contract. It should contain the contact information of the employee and the employer. Put in the legal names of both the employee and the employer or the business. Get and include the names, addresses, phone and e-mail numbers of both parties.
- The terms and conditions of the employment. In this part of the contract, you should put in all of the terms and conditions that come with one’s employment. Here, the date of employment, the compensation one should receive, and the position, as well as the duties of the employee should be properly stated. It would be best that these things should be explained specifically to ensure that there would be no misunderstandings between the employer and employee in the future.
- Policies and procedures. This would help guide them employee to prevent problems with his stay with the company.
- Mention agreements, statements or clauses. Depending on the nature of one’s employment, you may need them to agree on certain non-disclosure, privacy agreements or statements that are important to the company.
- Agreement termination. You should stipulate in the contract how the agreement could be terminated. Here the employee should see the possible causes of one’s firing. You can also add the severance packages that the company offers.
- Signature of both parties. This is one of the most important parts of a employment contract. This shows that both parties do agree on what the contract contains. The signature of both parties makes the contract valid and the absence of one makes the contract null and void.
While it is generally easy to draft a contract, one should realize the real-world implications that every word or punctuation mark has. That is why you will need the help of a Los Angeles employment attorney in making one.