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
Please let me know if i missed anything and if you can clarify section 352