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Is tip pooling legal?
Yes. Tip pooling refers to the collection of all the tips from employees and then splitting them according to the agreed percentages. In California, this is considered legal so long as the previously agreed conditions are met. A general rule of thumb is that the tips included in the pool should be given to the employees only. Supervisors and managers should not share in the tip of the pool. The law also requires that the servers should get the lion\u2019s share with a smaller portion going to busboys and bartenders.<\/p>\n

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What are the legal consequences of the violations?
Employees who don\u2019t receive their tips are required by law to bring to their employer\u2019s attention their outstanding tips and gratuities. Any employer who violates the California Laws on dispersing tips and gratuities is considered to have committed a misdemeanor. Therefore, you should file a claim at the labor commissioner\u2019s office to recover any wages or tips that are being illegally withheld. Alternatively, you can seek the services of UELG (united employee law group) to file a lawsuit against your employer. And the best part is that an employee cannot be punished for exercising these rights.<\/p>\n

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Photo Credit: Shutterstock\/maradon-333<\/p>\n

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