“Gratuity” is defined as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food drinks, articles sold or served to patrons.
California Labor Code Section 351 prohibits employers from keeping any portion of a gratuity left for or give to employees by a patron. Further, it is illegal for employers to deduct gratuities from wages or use gratuities as direct or indirect credit against an employee’s wages. The law expressly states that gratuities are the sole property of the employee.
Payment of a gratuity made by a patron using a credit card must be paid to the employee not later than the next regular payday following the date the patron authorized the credit card payment.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been deprived of your earned gratuity? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.