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.