Q: In california is my employer allowed to force me to tip a portion of my earned tips to cooks and dishwashers?

A: Labor Code 351 prohibits an employer from collecting any tip money left for a server, however, that isn't the end of the question.

California law does allow tip pooling, though. An employer may require a group of employees to pool together their tips, which are then distributed among the employees in the pool. However, California employers must follow certain guidelines in order to create a valid tip pool.

The first guideline seems the one that applies here, only certain employees can be included in the tip pool. Employees may be included in the tip pool only if they are in the "chain of service" that results in a tip from a particular customer. In general, servers, bartenders, hosts, and bussers are considered to be in the chain of service, while cooks, dishwashers, and cashiers are not. The one exception to the "chain of service" rule is that managers and supervisors cannot partake in the tip pool even if they provide direct table service.

From your description it appears that the tip is shared with other employees not in the chain of service. You might want to discuss this with the local office of the California Labor Commissioner, which is a part of the Department of Industrial relations. They have a website that addresses many questions like yours.

A: Tip pooling is a legal practice in California. Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire employees, unless those managers do the same work as the employees in the tip pool.

A: In California, employers are generally prohibited from forcing employees to share their tips with kitchen staff such as cooks, dishwashers, and prep cooks. The state follows the "no tip credit" rule, which means that tips are considered the sole property of the employee who received them. However, there is an exception to this rule when a valid tip pooling arrangement is in place. Tip pooling allows for the sharing of tips among certain employees who provide direct table service, such as waitstaff and bussers. However, it does not typically include kitchen staff. Employers are generally not allowed to take a percentage of an employee's tips for themselves or to distribute to other employees who are not part of a valid tip pooling arrangement. It is important to be aware of your rights as an employee and to consult with a legal professional if you believe your employer is engaging in improper tip practices.