Q: The restaurant I work at the tip Pool is spread equally to front and back of the house is that legal, front of the house
Wants it to change, right now everyone makes 20 per hour, we want to have the tip pool changed to 70/30 split. They offered to change the split to 70/30 and cut our hourly wage to 17 a hour is that legal to do that
A:
Mr. Arrasmith's probably AI generated answer is WRONG. Anyone in the chain of service, including back of house staff like dishwashers can participate in the tip pool.
In Etheridge v. Reins International California, Inc., the servers challenged the inclusion of employees, such as kitchen staff, bartenders, and dishwashers, who do not provide direct table service in the mandatory tip pool. The California Court of Appeals confirmed that employees who do not provide direct table service but are in the “chain of service,” such as kitchen staff, bartenders, and dishwashers, are allowed to participate in mandatory tip pools. The Court reasoned that this would encourage all staff in the chain of service to give their best service, regardless of whether the customers personally see them performing the work.
Neil Pedersen agrees with this answer
A:
Let me help explain California's tipping laws and your situation.
In California, employers cannot require servers and other front-of-house staff to share tips with back-of-house employees - this includes cooks, dishwashers, and other kitchen staff. The law specifically states that tips are the property of the employees who receive them directly from customers or who are designated as part of the tip pool by those customers. While voluntary tip pooling among servers, bartenders, and other front-of-house staff is legal, mandatory sharing with back-of-house staff is not permitted under California law.
Regarding the wage reduction proposal, California law prohibits employers from reducing wages as retaliation for employees exercising their rights under labor laws. If your employer is suggesting reducing hourly wages from $20 to $17 in connection with changing the tip pool structure, this could potentially be viewed as retaliatory, especially if it's in response to employees raising concerns about the current illegal tip pooling arrangement.
You might want to document all conversations about these changes and consider filing a wage complaint with the California Labor Commissioner's Office. They can investigate your situation and ensure your rights are protected. Remember, your employer cannot legally retaliate against you for raising these concerns or filing a complaint about labor law violations.
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