what should i do if my employer is breaking the law and illegally distributing tips?

Question

my employer is pooling tips with dishwashers and cooks
http://www.dir.ca.gov/dlse/FAQ_TipsAndGratutities.htm the DIR website #4 explains that is not allowed. i dont want to get fired, how should i approach this? should i show him this site?

POINT 4 SAYS IT ISNT ALLOWED TO BE SHARED WITH DISHWASHERS AND COOKS

Answer 1

PatrickMCC55 did not read the entire article.

IT IS AGAINST THE LAW in your case.

Just report it anonymously....or print the article and leave it on his desk somewhere.

They cannot fire you if you report them.
You'll have a HUGE lawsuit if they do.

Answer 2

point 4 specifically says it is allowed in California.

"I work in a large restaurant as a waiter. My employer told me that I am required to share my tips with the busboy and the bartender. Am I obligated to do this?


A. Yes. According to a California court, Labor Code Section 351 allows involuntary tip pooling. Therefore, your employer can require that you share your tips with other staff that provide service in the restaurant. In this regard, it’s DLSE’s position that when a tip pooling arrangement if in effect, the tips are to be distributed among the employees who provide "direct table service." Such employees could conceivably include waiters and waitresses, busboys, bartenders, host/hostesses and maitre d’s. Employees who do not provide direct table service and who do not share in the tip pool include dishwashers, cooks, and chefs, except in restaurants where the chefs prepare the food at the patron’s table, in which case the chef may participate in the tip pool. Additionally, tip pooling cannot be used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron.

Answer 3

If you read further down, the same website offers instructions on how to file a complaint with the Division of Labor Standards Enforcement. You also have the right to file a private legal action in court. There's a big class action pending down in San Diego, CA that deals with how Starbucks handles tip pooling. You can also try to work things our privately with the employer.

Answer 4

If you want to keep the job and make it uncomfortable for yourself, tell him you wont tip out the dishwashers and cooks anymore.

He cannot force you to do this or fire you for not tipping them out.

If he does either, you could fight it, but is it worth it. Look for a better job, once you find one, tell your boss it is illegal for him to do this. If he doesn't stop, turn him in.

Before you do anything, you have to think about the extra cash which is helping the cooks and dishwashers - especially the dishwashers -- they don't make much, then make your choice.

Answer 5

I would suggest that you stay quiet and say nothing - or find yourself another job. This type of activity happens all the time and your boss can determine what wages to pay his employees. If you were to report him (sounds like the amount of money isn't very large) probably nothing will happen to him - but he will know that someone snitched on him and he will find the necessary reason to punish (fire) the employee.