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Many workers in California including those who carry luggage, sever and mix drinks, clean hotel rooms among any others earn tips. In fact, some workers earn more money from tips than what they get from their monthly salary.\u00a0If you are working in a job where you earn tips, then it is crucial to understand your legal rights particularly under hour\u2019s law and wage. In this article, we are going to discuss California\u2019s legal policies regarding the dispersal of tips and gratuities to employees.<\/p>\n
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A tip is money that has either been given, paid or left for an employee that is above the actual amount of service rendered or products bought by the patron because the patron is impressed with the quality of service rendered.<\/p>\n
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For any amount of money to count as a tip (as opposed to a service charge), it must be:<\/p>\n
It is very important to note that the tips only belong to the employee. The Californian law is very\u00a0protective to the employee and clearly states that the tip belongs to the employee. This means that employers have no right to take part of the tip that the employee has been given by the patron. Either the manager, supervisor or the owner of the business cannot force you to share the tip.<\/p>\n
California\u2019s laws also states that the employer is not supposed to count your tips then pay you a minimum wage that is less that amount. Some employers in other states deduct the amount paid from tip as along at the amount earned from tips make up the difference. This concept is known as \u201ctip credit.\u201d However, California law does not allow employers to do this. Employers are supposed to pay employees the minimum wage and not use tips to make up the difference.<\/p>\n
The California law also does not allow tip pooling. Tip pooling is a concept where an employer may compel employers to pool their tips together then have them distributed to employees in a pool. If the employer wants to create a pool, then there are certain guideline that needs to be followed. The first guideline that the employer needs to follow is if the employees are in a chain of service that enables them to receive tip from a particular customer. For instance, bartenders, hosts and servers are usually considered to be in the same chain of service while dishwasher, cashiers and cooks are not. In addition to that, the employer must ensure that tip is distributed fairly and equally depending on the quality and amount of service that the employee has rendered to the customer.<\/p>\n","protected":false},"excerpt":{"rendered":"
Photo Credit:\u00a0pexels-photo-545065 Many workers in California including those who carry luggage, sever and mix drinks, clean hotel rooms among […]<\/p>\n","protected":false},"author":2,"featured_media":2663,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[35],"tags":[33,17,561,562,1001,964,563,31,20],"class_list":["post-2889","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-tips-and-gratuities","tag-california-labor-laws","tag-employee-rights","tag-gratuities","tag-tip","tag-tip-sharing","tag-tipped-employees","tag-tipping","tag-tips","tag-workplace"],"acf":[],"yoast_head":"\n