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Hey, /adv/, just started working as a busboy in California. Upon receiving my first check, I noticed a tip reduction section, which reduces all the tips I make through the course of a pay period. The employer makes the staff note all the tips in a journal, which he later reduces from our paychecks.
California Labor Code 351 states that
" Every gratuity is hereby declared to be the sole property of the employee or employees
to whom it was paid, given, or left for."
However section 352 claims that
"Every employer shall keep accurate records of all gratuities
received by him, whether received directly from the employee or
indirectly by means of deductions from the wages of the employee or
otherwise."
It is the second part that confuses me, the "whether received directly from the employee or
indirectly by means of deductions from the wages." Doesn't this contradict the first section?
As far as i know, the owner has never given back the tips to his employees, but i am not sure if by some chance i would get them back in my tax return.
I worked at one restaurant before, and never heard of tips being deducted from paychecks.
I am going to speak to the manager on Thursday, in the mean time, i am doing some homework.
Have any of your tips been cut before? Any thoughts on the matter?
If you would like to read California labor code for yourself, here's the link, (it is a short read):
>source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=350-356
Please let me know if i missed anything and if you can clarify section 352
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>>17485409
>tldr: do you work as busser in California, and if so are your tips reduced from your paycheck?
>>
http://www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm
All your questions answered there.
>>
>>17485444
Thanks for the page. I have already visited that page, and i plan on using it as a source. This page speaks of section 351, which is found in link above. I would like to know more of the technicalities of section 352, and better understand it. if anyone could help me out, that would be great
>>
>>17485463
I know next to nothing about tipping, have never worked in a service industry, and have never worked with, or allowed tipping at my company.
I am however, being an Californian employer and having written several employment contracts and codes of conduct, familiar with labor laws to an extent.
First of all where are you seeing section 352? As far as I can tell, it does not exist on the website you linked, nor any other one I can find.
The law is clear cut:
The employer CANNOT keep ANY amount or percentage of tips received
The employer CANNOT deduct ANY amount or percentage of tips received from your pay checks
The employer MUST return any tip money collected on behalf of the employee within a timely manner (explicitly defined as the next payday after transaction authorization).
That is the implicit spirit and intent of the law, and the law will always be interpreted as such until amended.
Doing otherwise on any of that is illegal.
And as a matter of the course, in the case of any disputes between an employee and an employer, the courts will nearly always give the benefit of the doubt to the employee first and require the employer to prove that they have conducted them-self in a befitting and legal manner (that's just how it works, and people take advantage of that. I've seen it fist hand as an employer and had to fight my way through it)
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