EmploymentQuestion 934 of 1632

Which statement about gratuities (tips) is correct under California law?

a.The employer may deduct credit-card fees from tips
b.Tips belong to the employee; the employer may take none
c.The employer may credit tips against the minimum wage
d.Tips must be shared with supervisors and managers

Explanation

Labor Code §351 makes a gratuity the sole property of the employee or employees to whom it is paid, and forbids the employer to take, collect, or deduct any part of it. (c) is the federal tip credit, allowed under the FLSA but not in California - a California employer owes the full state minimum wage under §1197 and the tips on top. (a) is the credit-card processing fee deduction, expressly barred by §351, which requires payment of the full tip by the next regular payday. (d) is the manager's cut; agents and supervisors with authority to hire or fire may not share in a tip pool, although a pool among employees who contribute to the service is lawful.

Law Reference: Labor Code §§351, 1197; DLSE

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