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California tips and minimum wage

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  • California tips and minimum wage

    My son works as a driver for a centralized restaurant delivery service. He receives tips but is paid only $2 to $3 per delivery. A typical shift would include only 3-4 deliveries during a four hour period. Bottom line - compensation (outside of tips) does not equal minimum wage. Is this legal?

  • #2
    Tips as Part of Wages

    Yes, it is. You can read more about the federal regulations on this topic at: http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm. What state are you in? Some states have special regulations, re: minimum wages.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      I'm sorry - my state was in the subject line of my inquiry. We're in California - are tips applied toward minimum wage standards in California?

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      • #4
        California and Gratuities

        The state of California's website states: Unlike under federal regulations, in California an employer cannot use an employee’s tips as a credit towards its obligation to pay the minimum wage. California law requires that employees receive the minimum wage plus any tips left for them by patrons of the employer’s business. Labor Code Section 351.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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