Posted On: September 13, 2008 by David H. Greenberg

MANAGERS AND EMPLOYERS DON’T SHARE IN THE COLLECTIVE TIP POOL, ACCORDING TO THE CALIFORNIA COURTS

In the California workplace, it is against the law for your employer, or one of your employer’s agents, to share in the collective ‘tip pool.’ A CA court recently awarded over $100 million to Starbucks baristas due to the company’s practice of permitting supervisors to share tips. California law enables your employer to create a tip pool in which you and other employees divide customer gratuities among yourselves. However, CA law bans employers and their agents from receiving any portion of the tips. Under the meaning of this law, an agent is defined as ‘every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.’

Several of the most common industries to tip pools are the restaurant industry, the gaming industry, the salon industry, and automobile dealerships. If you are employed in one of these, or at any other job, and you believe your employer is not properly dividing the shared tips, or is taking some of the tips for himself, an experienced employment attorney will be able to stand up for your rights and possibly help you recover money in damages.

If you live in California and you feel your tips are not being properly divided, call the knowledgeable legal team of Law Offices of David H. Greenberg at 1-888-204-1014 now. You will receive a free consultation regarding your legal rights and hear how we may be able to help you. Your call is completely confidential.