Q: What case is it if my employer is over claiming my tips
I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.
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A:
If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your concerns, you have the right to take further action.
First, document all instances of the over-claimed tips, including dates and amounts. This documentation will be crucial in proving your case. You should then file a complaint with the California Labor Commissioner, who can investigate and take action against your employer for wage theft.
Additionally, you might consider seeking legal advice to understand your rights and options more thoroughly. You may be entitled to recover not only the misreported tips but also penalties for the employer's unlawful conduct. Standing up for your rights is important, and there are legal avenues to help you correct this wrongdoing.
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