Tips & Tipped Employees in Burbank
Protecting the Rights of Tipped Workers
My employer often takes the credit card processing fees out of my tips. Are they allowed to do this?
No. According to Labor Code Section 351, your employer must pay you the full amount of the tip that the customer left for you. Your employer cannot take out credit card processing fees or charges from the credit card company.
I am a waiter and my boss told me that I must share my tips with other employees. Do I have to do this?
Yes. Involuntary tip pooling is allowed under California law so long as the tips are shared with employees to whom the tip was paid. Talk to the employment law attorneys in Burbank at the Akopyan Law Firm to discuss your unique case.
Can tips be considered part of my regular pay rate when calculating overtime?
No. Because tips are left voluntarily by customers and are not paid to you by your employer, they do not count towards your pay rate.
Is my employer allowed to deduct tips from my paychecks?
No. Your employer cannot take any part of your tips and cannot deduct your tips from your wages.
My boss said that he can pay me less than minimum wage since I will make up the difference in my tips. Is this legal?
No. Your employer cannot use any amount you earn as tips as credit towards its obligation to pay you the California minimum wage. In California, you must receive the minimum wage regardless of how much extra money you receive in tips.
Contact the Akopyan Law Firm to schedule a complimentary case evaluation with our employment law attorneys in Burbank. Call us at (818) 509-9975 today.
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