San Juan Capistrano, CA asked in Employment Law for California

Q: Is it legal to tip from my food sales with busboys and hostess’s? They only help with drinks and busing tables.

Management deducts 20% to busboys and 8% to hostess’s from my paycheck. Their responsibilities are to bring customers drinks. I’m tipping out a percentage of my tips for the food sales but they do not serve or deliver the food. Is it legal for them to do this?

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3 Lawyer Answers

A: Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip pool.

Neil Pedersen agrees with this answer

A: All persons in the chain of service including bus staff and host/hostesses can be lawfully included in a tip pooling arrangement. Management cannot take a piece of that tip pool. Good luck to you.

Maya L. Serkova agrees with this answer

James L. Arrasmith
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Answered

A: Based on California labor laws, mandatory tip pooling and sharing arrangements must be fair and reasonable, with tips distributed among employees who provide direct table service. The practice you've described - taking a fixed percentage of food sales for staff who don't handle food service - raises legal concerns under California Labor Code Section 351.

Your employer cannot force you to share tips based on food sales with employees who aren't involved in food service. While busers and hosts can be included in tip pools, their share should be proportional to their actual service contribution and based on total tips, not food sales. The current arrangement appears to violate state law by requiring you to share tips from services you solely provided.

You have the right to challenge this practice. Consider documenting all tip deductions and discussing the issue with your manager. If the situation isn't resolved, you can file a wage claim with the California Labor Commissioner's Office. Their office handles these disputes and can help recover improperly deducted tips. You might also benefit from consulting with an employment lawyer who knows restaurant industry regulations to understand your specific rights and options.

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