California is one of the few states that has strict laws regarding employee tips. Therefore, employers in California must be aware of the legislation surrounding tips and ensure they are in compliance. Failure to adhere to these laws can result in significant legal and financial consequences for employers. Here’s what you need to know about the pitfalls of tipping as a California employer.
Tips are the sole property of employees, which is the first and most important rule of tipping in California. Employers do not own any part of their employees’ tips and cannot take a cut or share in the tip pool. Any attempt to do so would be a violation of Labor Code Section 351.
Some employers may try to collect a portion of tips to cover business expenses or “service fees”. However, this is not allowed. Tips are for the employee’s benefit only, and employers cannot use them to offset their expenses. Doing so would break the law and could result in legal action being taken against the employer.
Tips cannot be considered as wages or part of the regular pay rate calculation. Tips are not considered wages in California and cannot be included in an employee’s regular rate of pay. This means that employers cannot use tips to calculate overtime payments or to meet minimum wage requirements. As an employer, you must pay employees their base wage as well as any tips they receive separately.
Credit card tips must be paid to employees promptly. If a customer leaves a tip via credit card, the employer must ensure that the employee receives the full amount of the tip. The employer should pay the employee no later than the next regular payday following the patron’s payment of the tip. If the employer fails to do so, they may be liable for damages.
Mandatory tip pooling/sharing is allowed under California law. This means that if you choose to have a tip pool, you can require your employees to take part. The idea behind tip pooling is to distribute tips fairly among employees who provide great service. However, this must be done in accordance with the law.
Employers must provide notice of the tip pooling/sharing policy. If you do have a mandatory tip pooling or sharing policy in place, you must provide written notice to your employees. This notice should outline how the tip pool works, who is involved, and how much will be contributed by each employee. Failure to do so could result in legal action being taken against you.
Violations of Labor Code Section 351 can be pursued before the Labor Commissioner. If an employee believes that their employer has violated this section, they can file a claim with the Labor Commissioner. This could result in fines or penalties being imposed on the employer, as well as the employee being reimbursed for any lost tips.
Civil penalties can be pursued under the Private Attorneys General Act. Employees can also pursue civil penalties under the Act if they believe their employer has violated Labor Code Section 351. This can result in significant financial penalties for the employer, as well as damage to their reputation.
As a California employer, it’s crucial to be aware of the rules surrounding tipping and ensure that you are in compliance. Failure to do so can result in significant legal and financial consequences. By following these rules, providing notice of any mandatory tip pooling or sharing policy, and keeping proper documentation, employers can ensure they are operating within the law and avoid costly claims.