As A Tipped Employee, You Have Rights
For many workers, tips are a crucial source of income. Unfortunately, some employers do not obey the law when it comes to tipped employees. Employers frequently refuse to pay tips or choose to pool tips illegally.
The labor rights law firm of JCL Law Firm, APC, is here to help you if you are a tipped employee. With more than a decade of experience, we have helped numerous clients recover the unpaid tips and other forms of outstanding wages they have earned. We have also recovered more than $30 million in compensation for our clients’ damages.
Unpaid Tips: What To Know
California’s laws regarding tips are strict. Under state law, tips belong solely to workers. Employers – including owners, managers and supervisors – may not take any portion of employees’ tips. It is also against the law for employers to count tips toward the minimum wage.
What Is Illegal Tip Pooling?
Employers are allowed to pool tips and divide them among workers, but there are strict guidelines to this law.
Illegal tip pooling:
- Shared with supervisors, including managers and/or owners
- Shared with cooks, dishwashers and cashiers
- Divided disproportionately, especially if shared with supervisors
- Credit card processing fees are deducted from tips
Legal tip pooling:
- Shared with bussers, servers, hosts and bartenders
- Divided equitably
- Tips include cash left over by patrons, cash left by patrons for workers or tips placed on credit card for workers
If you recognize any unlawful characteristics in your employer’s method of pooling tips, contact JCL Law Firm, APC. Our attorney can get the employer to stop their illicit practices and pay you what you deserve.
Work With Us To Protect Your Rights
We can help you earn back the tips that your employer has not paid. Contact our office in San Diego to schedule a free initial consultation with JCL Law Firm, APC. To reach us, call 619-826-6975 or send us an email. We do not charge any fees unless we win your case.