Tips are gifts of money to an employee above and
beyond pay for services rendered. Tips and gratuities belong to the employee in
California and cannot be taken by the employer. While certain "tipping pools"
are legal, an employer may take some or all of your tips. It is illegal for
your employer to make you share your tips with managers and supervisors even
if they are performing the same work as you
"Gratuities" include any tip, gratuity, money, or part
thereof that has been paid or given to or left for an employee by a patron of a
business over and above the actual amount due the business for services
rendered or for goods, food, drink, or articles sold or served to the patron.
Generally, any amounts paid directly by the patron to a dancer employed by an
employer shall be deemed a gratuity. Employers are prohibited from using tips
as a credit against wages owed by the employer. Tips are the sole property of
the employee or employees to whom they are given or for whom they are left.
Since the employer does not pay tips, they are not considered part of the
regular rate for overtime purposes.
An employer that permits patrons to pay gratuities by
credit card shall pay the employee the full amount of the gratuity that the
patron indicated on the credit card slip, without any deduction for any credit
card payment processing fees or costs that may be charged to the employer by
the credit card company. Payment of gratuities made by patrons using credit
cards shall be made to the employee not later than the next regular payday
following the date the patron authorized the credit card payment..
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 728-9741
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites: