As an employee, it is important to understand your wage rights to help ensure that you take home the full amount of money due to you. Some employers fail to fully understand the law related to wages and tips. Others do understand them, but they just try to circumvent them to increase their profits. An employer taking a share of the tips that an employee or group of employees earn is one area that can effectively result in incorrect earnings for employees. Tips belong to employees alone California law is very clear on the matter of tipping. Tips belong to the employee or employees for whom the customer left them. The employer should not touch them. But what about if the customer paid the tip with their credit card by combining it with the bill for food and drinks? What about tips paid with credit cards? The same rules apply to tips left using a credit card as for cash tips. Even though the customer has effectively paid the tip into the account of the business, that tip still belongs to the employee. The employer must make sure they pass the appropriate amount of money that was added on as a tip to the employee by the very next day. The employer also cannot deduct any card fees associated with taking the payment from the tipped amount. They must pass on the whole tip to the employee or employees. Note that employers can insist on employees pooling tips, but within reason. They cannot, for example, insist that waiters share their tips with the restaurant’s marketing team, or even the chefs, but they can require that all the waiters and waitresses pool their tips. Legal guidance may be of help if you are unsure of how wage laws apply to your situation and feel you are losing money.The post Can your employer take a share of your tips? first appeared on JCL Law Firm, APC.

Can your employer take a share of your tips?

Can Your Employer Take a Share of Your Tips?

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