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Originally Posted by PeteMcCracken  In California, according to the labor laws, "tips" BELONG to the server, period! What the "server" does with them is the "server's choice"! |
Pete, you're clearly implying that tip pooling is prohibited in California, and you're wrong. The law is unambiguous, long settled, and not open to your conclusion. The situation is covered by statute, California Labor Code. sec. 351; and I can see why you might be confused by its text. It's true that owners and managers are prohibited from participating in tip pools. However, the statute does not prohibit management from creating a tip sharing arrangment as long as the pool is limited to employees within the "normal chain of service" (and excludes owners and managers). Contrary to your assertion, service employees working for establishments with appropriately executed tip pooling arrangments have no choice but to participate. See,
Henning v. Industrial Welfare Commission (1988) 46 Cal.3d 1262, for an excellent description of the history and application of section 351.
In fact, the definition of "normal chain of service," was just extended a few days ago in my very own 2d District in
Etheridge v. Reins (2009), slip opinion. The
Etheridge court held that California law does not restrict mandatory tip pools to employees providing "direct table service." Rather any any employee who participates in the chain of service may be required to share and participate in the pool.
BDL