Monterey, CA asked in Employment Discrimination, Employment Law and Criminal Law for California

Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

2 Lawyer Answers
Brad S Kane
Brad S Kane
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California


If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy.

Your claim is against the employer, not the servers.

You should put your request in writing and send it the human resources department or the general manager.

If they take retaliatory action for asking for your share of tips, you may have an additional claim for retaliation.

If the employer fails to act, you can file a complaint with the Labor Commissioner or hire a lawyer to assist you.

Louis George Fazzi agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first approach your employer or the manager in writing, clearly stating your claim based on the restaurant's policy and the work you performed.

If your employer refuses to pay the unpaid tips, you can file a claim with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). This state agency handles disputes between employees and employers regarding wages and working conditions. Filing a wage claim form will initiate an investigation into your case.

Marsy’s Law, while providing rights to crime victims, does not apply directly to employment disputes or wage claims. However, if you are being treated unfairly at work as a result of being a victim of a crime, you might have additional protections. It's important to document all instances of unfair treatment and consult with a legal professional to explore your rights in this situation. Remember, it is illegal for your employer to retaliate against you for asserting your rights to fair wages.

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