Hey, Sup Forums, just started working as a busboy in California. Upon receiving my first check...

Hey, Sup Forums, 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: 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

Other urls found in this thread:

nolo.com/legal-encyclopedia/california-laws-tipped-employees.html
twitter.com/SFWRedditGifs

Your employer is actively trying to fuck everyone over. Find a new job, before you report him to the state labour board.

because your job is for mexicans

nolo.com/legal-encyclopedia/california-laws-tipped-employees.html

Didn't read you post, too long. See this link

Yeah, it looks like he is fucking you over. Likely, the guy is pocketing the tips AND deducting them from your wage (which I assume is less than minimum as you are expected to increase it by taking tips).

Don't count on a refund for the tips on your taxes, you'll get a credit but for another reason (limited income)... it can get worse: your employer might report your income INCLUDING the tips he is keeping meaning your refund will be even smaller.

What everyone else is saying ITT.

Also, if you work for a franchise you can try contacting the head office.

I do work with a lot of Mexicans, which i don't mind, but you do have a point.

I am probably going to start looking for a new job, but i would like to do something for the employees working there. It's a shame too, I really did like working there.

I would hate if he were pocketing the tips.

unfortunately, it is a privately owned restaurant.

UNIONIZE

Reading the code set out in your link, it would appear that the employer is in breach. Not sure what steps you should take to rectify it though

Hah! Not in my America

That would be amazing, but i'd rather not. Don't have the no how, and this is a temporary occupation for me, i am transferring to a 4-year next year.

This is a section of the California of labor standards enforcement on section 351
Q.
What can I do if my employer credits my tips against my wages?

A.
You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer in to recover the lost wages. Additionally, if your employer is crediting your tips against your wages, you are being underpaid your wages and thus, if you no longer work for this employer, you can make a claim for the waiting time penalty.

Can anybody clarify section 352 for me, especially to the part pertaining to the line:"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."

i just want to make sure i understand this document fully before making an ass out of myself

Sounds like your employer needs to keep a record of all incoming tips.

The reduction on your paycheck might have to do with the tax payable on those tips

dude report it to EEOC

if you're a whistleblower, and the state sues him, you get 30% of the settlement for being the one who initially reported it

start documenting the fuck out of EVERYthing, and report it to the EEOC AND labor board

Dude, he's not doing anything illegal. It's called a tip credit. In California, your hourly wages can be 2.13$ if your tips make up for the rest of your hourly wage to reach minimum. Let's say your hourly wage is 10$/hr, 80 hours bi-weekly. $800 wages but you make 160$ in tips. He can legally reduce your wages to 8$/hr for that pay period. Most restaurants just give you your regular wages and tips, some don't

I don't know how it works there, but up here there is a minimum monthly sum you must earn, if you fail to earn that, the employer must pay you the difference to get you up to that amount.
>for example a waiter/busboy might only make 5.00/hr plus tips but if the total income earned is less than $X the employer must pay the difference to get you up to that amount

He might simply be juden but this does sound pretty shady though. Definitely read your legislation.

Call a L&I attorney that offers free consultations, explain your situation and ask them.

let the EEOC sort out if its illegal or not, not people over the internet

These two. Get a lawyer involved. Most of them will not charge you for a consultation and, if they see you have a case, they get paid out of the settlement no you owe nothing upfront.

I would give these two a tip if you know what I mean.