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Anonymous
Tried Asking /biz/, but didn't get a response. (IN CALIFORNIA) 2017-03-13 08:42:56 Post No. 18123878
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Tried Asking /biz/, but didn't get a response. (IN CALIFORNIA) 2017-03-13 08:42:56 Post No. 18123878
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Tried Asking /biz/, but didn't get a response. (IN CALIFORNIA)
Anonymous
2017-03-13 08:42:56
Post No. 18123878
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I work for a restaurant as a server/busboy/waitress. My fellow employees and I all earn tips that are pooled and distributed evenly (I'm guessing) in cash with each pay check. Last week, my employers put up a notice of some meeting minutes that we all had to sign, despite not having gone to the meeting, nor even being invited. One of the minutes said that we as the employees would be tested on what we have learned regarding the job so far. Anyone who doesn't pass with a 95% or higher will have their tips pulled and distributed to the rest of the employees who did pass. I'm not an expert in this kind of stuff, which is why I'm asking here, but is this legal? I live in CA and according to the minimal amount of research I can do via Google it doesn't seem legal, but I could be missing something.
"Labor Code Section 351 prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a patron. Furthermore it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee's wages. The law further states that gratuities are the sole property of the employee or employees to whom they are given."
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That law doesn't actually apply to what they're proposing to do. My advice is to go and see a lawyer, it doesn't seem like something you'll find a law directly relating to.
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>>18123895
Can you be more specific on how the law doesn't apply?
"The law further states that gratuities are the sole property of the employee or employees to whom they are given."
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>>18123908
Because that law is about your boss keeping tips. Your boss won't be keeping them under the proposed scheme, it just won't be going to people who didn't get 95% or higher on that test. Basically, it's about narrowing which employees the tips are split between. However, under that law, it may be possible that they're not allowed to pool tips and split them afterwards.
Like I said, go and see a lawyer. This is an unusual scheme that they're proposing, and I suspect it's one of those things that's *technically* legal but a good lawyer would be able to argue their way out of it.
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>>18123914
I just sent an email to a local lawyer that practices in employment law, so I probably won't get a reply for a while.
To be honest, we don't make that much in tips and it's shitty, hourly paid, minimum wage job, so having my tips taken away isn't that big of a deal. I'm asking out of curiosity more than anything else. Well, that and I don't like being treated like a child.
IMHO if my employer is that concerned about how well we can do the job than they should take some time to train us better, rather than having us study for a test and punish those who don't do as well.
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