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  1. #1

    Angry Can Owners Take Tips

    My question involves business law in the state of: California

    Can owners take service tips for employee's in their own restaurant?

    when I work alone my owner takes 85% tip from our tip jar(my owner says I start out at 15% tips). She keeps the rest to herself (she sometimes make sushi and only takes orders)

    The owner is a sushi lady works as well. I am starting out as a server that does everything but take sushi orders (i take drink and appetizer orders, set up tables and clean them off, and refill drinks while serving all sushi that is made)

    I am 16 and I also serve all alcohol that is ordered

    I feel like I am cheated, what do I do from here?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can Owners Take Tips

    CA Labor Code Section 351 prohibits employers and their agents from taking tips from employees. This link also shows how to file a wage claim. It is illegal for you to serve alcohol also. I suggest you discuss these issues with a parent to determine how you wish to proceed. You can file a wage complaint. You can report the illegal alcohol situation. You could be charged also in the alcohol issues.


    http://www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm
    http://www.abc.ca.gov/questions/enforcement_faq1.html

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can Owners Take Tips

    In addition to D. 's excellent advice to talk to your parents, you would do well to quit and find another job. You aren't even permitted to touch sealed wine bottles at work, let alone mixed drinks.

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