The 3 Keys Under California Overtime Pay Laws to help your Labor Attorney Keep Your Boss from Stealing Your Tips?
Are you a food service person, and have felt like there are two waiters at your table? You and your boss? Tell your labor attorney! What I mean is, have you had your tips deducted in part from your paycheck? If so, this is illegal in California. If you can spare 2 minutes to read this article, it will tell you how to stop it.
What do you do when your employer keeps tips for all the hours worked as a waiter/waitress? When referring to California Overtime Laws, small business owners have made the case that they are unfairly affected by tips and overtime pay standards for the simple fact that they are less able to grasp the cost of increases in tips than their more corporate equivalents. Under California Overtime Laws, small business owners run the risk of appearing greedy, callous and cold. By protesting against the tips, the result has put small business owners between a rock and a hard place. However, by not speaking out against it, they run the risk of sustaining labor costs that the business just cannot support. Even so, small businesses can find some relief from tips and overtime pay requirements. California Labor Law Overtime demands that small businesses with annual sales less than $500,000 may actually be exempt from paying the federally-dictated tips to employees.
Key 1: Knowledge is Power
Under California Overtime Laws, employers can’t share in tips or tipping pools of the employees. At times, a supervisor or business owner takes a percentage or fee out of the employee’s tips. Although this is common practice in some restaurants, casinos and hotels, this is strictly forbidden. As in all other wage and overtime law cases, an employee can recover attorney’s fees in an action to recover tips (overtime pay).
Key 2: Gather Witnesses
If your tips are being taken by management, keep a tally and get witnesses who worked your shift and possibly others who are willing to step up with the help of an attorney.
Key 3: Get copies
Your attorney should be able to get copies of the receipts with your employee number or code to show the total receipts for the tables you waited on in order to compute the tips owed to you.
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
By: Lars Sheckton
Lars Sheckton is a freelance journalist who frequently contributes and comments on California Labor Law issues and how to find a good Labor Attorney . Get the only information about California Labor Laws that you will ever need in a Free Ebook .
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