Tip Pool Violations Attorney in Los Angeles
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Tipping is an accepted practice in almost all service oriented employment. As a California employee, you should know that tips are gratuities given by customers directly to you in appreciation of good service rendered. This does not form part of income on the part of the employer or owner of establishments. Hence, if you are working at a restaurant, casino, hotel and other establishments, you are entitled to the tips that are being given or left by the customers of the establishment you work for. Your employer cannot ask for the tips at the end of a work day or work week. If your employer collects the tips that are given you, then you have a right to file tip violation claims against your erring employer.
Under California Labor Code, Section 351, an employer or immediate supervisor must not collect or take tips or any form of gratuity (or any portion of it) from an employee, which is given to said employee as a tip or gratuity by the employer's customer. In the same manner, the tips earned by employees should not be computed by their employer as part of the employee’s wages or deduct wages based on the amount of tips received. If your employer intentionally or unintentionally deducts or collects tips from the tip pool or from the employee himself, you need to file tip violation and obtain compensation and damages for your employer’s violation of your labor law rights. However, in order to make sure that your tip violations claims in Los Angeles prosper, you need to seek legal representation from top Los Angeles tip violations lawyers in order to protect your rights and claim the maximum compensation you deserve against your unfair employer.
MELG Law Firm has already obtained millions in awards for all employee victims of tip pooling violation laws against dishonest employers who try to deduct or collect tips generated by the employees as a means of retaliation, discrimination or harassment.
If you feel that you are being unjustly withheld your rightful tips, you should Call Us Now at (866) 500-4848 and let our wealth of experience work for your benefit.
What To Do in Case of Tip Violation by Employers in California?
Tips are gratuities given by customers of the employer to employees who are satisfied with the work done by the employees.
Hence, tips are rightly the property of the employees whose services were appreciated by the clients or patrons of the establishment.
Establishments Where Tips are Usually Obtained by Employees
Tips are usually given by patrons on account of direct services rendered to them at an establishment. These include service oriented providers like:
- 1. restaurants,
- 2. hotels,
- 3. casinos,
- 4. car repair shops, and
- 5. spas.
If you are working in any of the above establishments, you should be able to keep the tips left by customers for you. Your employer does not have the right to get these tips and apportion it the way he wants to or even appropriate the tips for himself as profits of the employer.
Can the Employer Receive a Portion of the Tips?
No. The employer or its supervisory employees cannot get a share in the tips. The general rule is, only rank and file employees or employees who directly interacts or provide service to clients are included in tip pooling.
If your employment and labor law rights are violated in California, you have every right to file claims for damages and losses resulting from said violation. Your employer, however, has the resources to defend himself or herself from suit. Hence, if you really want to win your claim, your best and probably your only chance to get the maximum compensation you deserve is to hire top employment law firms like MELG Law Firm which is composed of expert employment and labor law attorneys who are willing to take on your case on contingency basis.
Is Tip Pooling Allowed?
Tips and tip pooling are legal and are actually practiced in California. However, you should know the difference between tips and tip pooling, which is:
- a. Regular Tips - the employee who receives the tip directly from the customer has the right to possess or appropriate said gratuity as his own.
- b. Tip Pooling - the gratuities given by the customers to any or some of the employees during the course of employment or service are pooled together and divided among the employees based on agreement.