Q: Is it legal for my manager to not let employees receive tips until they have worked a certain number of shifts?
I work at Nekter and my manager does not let employees begin to keep the credit card tips that they eartn until after their 7-8th shift. After that, we can start to earn them. However, instead of receiving them with my paycheck every 2 weeks, she gives them to us in cash at the end of each month. Is this legal?
A:
Tips are yours. If the management takes those tips, it violates the law.
Good luck to you.
A: Tips are the employees' property. An employer can keep them until you work a certain number of shifts.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, employers are required to pay employees all tips they have earned promptly and directly. Requiring employees to wait until a certain number of shifts have been worked before receiving credit card tips is likely in violation of the law. Additionally, the practice of paying tips in cash at the end of each month instead of with regular paychecks every two weeks is also not in compliance with California labor regulations.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
