QUESTION
Is it legal if I’m a bus boy and make $8.25 an hour and the tips I’m making gets taken off my check?
Asked on Oct 20th, 2012 on Labor and Employment - California
More details to this question:
I’m working hard for what to get robed by my managers I feel like I’m doing too much and little money I think we the busboys should not get money taken of our checks when the people give it to us.
6 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Under California Labor Code Section 351, your employer has no right to deduct tips from your check. If your employer does not stop making these deductions, your remedy is before the California Labor Commissioner or in court. I realize that hiring a lawyer is expensive, but you and your colleagues might wish to get together and hire a lawyer jointly to pursue this issue. I would be happy to discuss this sort of joint representation with you at your convenience. In addition, there are many other lawyers who practice labor law on LawQA. You may wish to contact one in your area. Best of luck to you.
Answered on Oct 25th, 2012 at 7:51 PM
It is legal so long as you are being paid minimum wages.
Answered on Oct 24th, 2012 at 9:51 PM
Steven Lee Miller
you get $8.25 per hour MINUS what you get in tips? I take it you get tipped out from the server. But still yes that is ILLEGAL in CA. They can't do that in my opinion.
Answered on Oct 24th, 2012 at 9:12 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
An employer is not entitled to share in an employee's tips. So if your employer is keeping your tips that would be an illegal activity.
Answered on Oct 24th, 2012 at 4:01 PM
Employment Law Attorney serving Los Angeles, CA
Partner at
Shirazi Law Firm - Employment Lawyers
4 Awards
Tips cannot be taken away from employees in CA.
Answered on Oct 24th, 2012 at 3:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If your agreement is that you will have tips accounted for, that is your agreement. I do not believe the practice is illegal as described. If you are really a hard worker, and deserve more, I would suggest you seek too find another employer who is willing to better compensate you.
Answered on Oct 24th, 2012 at 3:58 PM