Announcement

Collapse
No announcement yet.

California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • reneesway
    started a topic California

    California

    Message: i work in an restaurant in southern ca., my concern is:: can an employer
    require the waitstaff produce their own cash (bank)with which to make change for
    paying patrons in his establishment?? what if someone walks out w/out paying? or
    another employee steal money for check left on table?? it then comes out of our
    pocket or earned tips of other patrons, can this be legal? no warning or
    contract/agreement, just one day were told to come to work able to supply change
    for our customers, and what about security?? everyday i average $800.oo+ dollars
    in sales in my pocket, its very dangerous, on the weekends we're very busy.....
    there's money everywhere. also they {the owners} refuse to make change for large bills
    claiming its not their problem.
    the staff was told that if we didnt come to work with our own money to make change we would be sent home.
    the restaurant pos software is set up to allow any waitress to void,transfer,cashout etc.
    the quest check of any other waitress. i can hardly focus on my job ,constantly worrying
    about whats going on with my cash , checks, cc charges . my tip percentage is up and down
    someone could ring a check under my name , collect the money,
    we cant clock out unless every ticket is cash out.
    ugh!!!!!is this legal i thought my tips were off limits to employers
    thanks for your time.

    califor?nia waitress

    ?10:37 p.m 3/15/2007
    Last edited by reneesway; 03-15-2007, 02:04 AM. Reason: title missing spelling

  • Pattymd
    replied
    Man, are these people clueless. Hope you don't have to start at the bottom; with 16 years of experience, you really shouldn't have to.

    Good luck.

    Leave a comment:


  • reneesway
    replied
    right!

    No I have never reported , or been asked to report, when I questioned about this , I never got any kind of response. Not only are they guessing, It seem that every check my reported tips are the same amount as my hourly earnings.........huh? sounds stupid huh? Talk about a sending up a red flag. thanks for all your help, fact is now i need to act on it. I've waited table 16 yrs.. i can find another job . It sucks starting at at bottom. thanks.

    Leave a comment:


  • Pattymd
    replied
    You are required to report your tips no less frequently than monthly; weekly or biweekly (depending upon how often you are paid) is preferable, due to the negative effect of taxing tips at a different pay frequency than your regular wages.

    Do you not submit a tip report to the employer? They aren't allowed to "guess".

    Leave a comment:


  • reneesway
    replied
    ok hope this helps

    Tips are added to my check along with my hourly wages, then taxed.,then tips are deducted , due to the fact i already recieved them. My question is "Can employers deduct my tips for me?" they dont look in my pocket. If they can, Do they have to use my sales as a guideline? How do they come up with amount to claim for MY tips? I hoped this doesn't further confuse
    Thanks for all the advice.

    Leave a comment:


  • Pattymd
    replied
    OK, now I'm REALLY confused. You must receive the full minimum wage of $7.50 per hour. Tips cannot be used to offset the minimum wage. Here's how it's supposed to work.

    Hourly wages +
    Declared (by you) cash tips (include credit card tips if converted to cash immediately) +
    Credit cards tips (if not converted to cash per above) =
    Gross Pay
    Less taxes and other deductions, such as insurance
    Less the cash and converted-to-cash credit card tips (otherwise, such tips would be double-paid, once in cash and once through the paycheck) =
    Net pay

    Leave a comment:


  • reneesway
    replied
    thanks again

    To answer previous question : "Are you saying that you must carry around all the cash you take in payment for the entire shift and that you don't put that cash in the register as soon as received? "
    You got it.. In fact there is no longer a cash register. This place has so much business, they truly dont deserve it. they could care less about customers having to wait around to pay their bill while i take a table of ten , it's so unprofessional. This just became policy in recent month. It's too bad .. it used to be the best tips i ever made.
    If its not a bother, I have another question. I think the owner might be getting over on paying UI or State Dis. etc. Why? As a tipped employee i am required to report my tips, Since Ive worked here , I noticed my tips are automatically reported for me on my check, I seen this before except here I have to wonder how they came up with the strange amounts as stated on my check, ;example, hourly earning $529.50 *tips $529.00 . and that's every check, sometimes more hours sometime less , tips always seem to match my hours? give me a break, What gives.? All i know is I claim single/1 and I don't want to be answering for this at tax time. any input?

    Leave a comment:


  • Pattymd
    replied
    Originally posted by reneesway View Post
    again, thanks for replying to unedited posts .
    wonderful waitress.........horrible typist.
    No problem.

    You also might want to give the Division of Labor Standards Enforcement a call or visit to discuss the "stash o' cash" and appropriation of tips for shortages, etc. A claim for unpaid wages might be in order. If you're concerned about being fired for contacting them, you can wait until you've left the employer; plus that would be a wrongful termination suit waiting for a court date.

    Leave a comment:


  • reneesway
    replied
    sorry for sloppy post

    again, thanks for replying to unedited posts .
    wonderful waitress.........horrible typist.

    Leave a comment:


  • Pattymd
    replied
    OK, your post was kind of hard to follow, being that there was little punctuation, complete sentences, or capitalization, but I'll try.

    Are you saying that you must carry around all the cash you take in payment for the entire shift and that you don't put that cash in the register as soon as received? Terrible financial management, not illegal.

    Now, if at the beginning of your shift you are required to have a "stash of cash" with which to make immediate change, then I would bet that the state Labor Commission might interpret the Labor Code Section below to prohibit that. That would include any "losses" to you because a customer walked out without paying or another server appropriated your tips.

    2802. (a) An employer shall indemnify his or her employee for all
    necessary expenditures or losses incurred by the employee in direct
    consequence of the discharge of his or her duties
    http://www.leginfo.ca.gov/cgi-bin/di...file=2800-2810

    Regarding your tips, see Retention of Tips here:
    http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm

    The rest of the stuff mentioned is most likely not illegal but, again, it's unbelieveable poor financial management and must be terrible on employee morale. I'd be looking for another job pronto. Good servers are hard to find; I know, I eat out a lot.
    Last edited by Pattymd; 03-15-2007, 02:33 AM.

    Leave a comment:

Working...
X