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Anonymous
Is this legal? (IN CALIFORNIA) 2017-03-13 08:31:14 Post No.
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Is this legal? (IN CALIFORNIA) 2017-03-13 08:31:14 Post No.
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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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[Deleted my previous post because I was wrong. This is why /biz/ is not legal advice.]
I re-read something, and it's a gray area.
Management is allowed to enforce a tip pool and redistribute tips in a way that's "fair and reasonable". Denying tips entirely to the guy who collected them in-hand probably wouldn't meet that standard in court, but there's no blanket rule against it.
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The owners are trying to fire people but being complete pussies about it by trying to make people quit with their test.
Quit that restaurant, its ran by idiots.
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pass the test and feel happy about extra cash when someone else fails
quit job if you fail the test, you are a burden for the restaurant
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>>1854084
Yes, it is illegal and California.
And btw you still have REALLY good worker protection gov buraus in CA because it's a democratic state, and they havn't been cucked by republican backed corporations. Just report it to the right labor bureau subdevision. I'm not joking, the will take care of it.
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https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
And if needed
https://www.dir.ca.gov/dlse/HowToFileRetaliationComplaint.htm
Under California law they are apsultuely not allowed to take tips from you that were voluntarily left by a patron, even if they tip pool it(legal) they can deny you as a server. CA state Goverment are not cucks and do not let capitalists Bully workers
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>>1854325
*can't deny you
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>>1854084
when working with tips I have a rule. Any person that puts cash in hand is your money. Nobody elses. You don't need to declare it, you don't need to share it with people. You put that shit in your pocket and keep it. Don't even count it until you are in a safe spot, home or in your car. Fuck everyone.
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>>1854695
Ayyyy
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