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unfair tipping? Colorado California

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  • unfair tipping? Colorado California

    I started working at a Japanese Restaurant in Hollywood and I was shocked to find the tipping practices being what they are. Usually we only have 2 servers working at any given shift and all of the tips made by the servers are pooled. The manager then adds everything up and divides the tips to all of the employees including the sushi chefs and the cooks in the back. Is this legal? I have never worked at a place where I was required to tip out more than 20%. When I asked my manager about this she said that she thinks its traditional of most Japanese restaurants. I don’t want to be greedy but the only perk of being a server in the tips.

  • #2
    ALL your tips cannot be pooled. Neither can non "direct table service" employee participate in tip pools. Nor can managers or owners participate in a tip pool even if they do provide direct table service. See specifically Question #2 here. I would not for the benefit of other readers here that CA law is a bit more stringent than federal in this case.

    http://www.dir.ca.gov/dlse/faq%5Ftipsandgratutities.htm
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    • #3
      Thank you for the information. Does this mean that I can tip out personally to people who are front of the house employees. Is it legal for my manager to be in charge of this?

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      • #4
        You are not required to tip out personally and, if you do, that is your choice. The employer CAN mandate a tip pool whereby you can be required to contribute a "reasonable and customary" percentage to the pool; however, the recipients of the pool cannot be those that are excluded under the California FAQ information to which I previously provided the link.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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