Violations for Tipped Employees
Under federal law, employers can pay a lower minimum wage to tipped employees, as long as the employees make enough in tips to bring their total hourly earnings up to at least the applicable minimum wage. If employees don't earn enough, their employers must make up the difference.
However, unlike several other states, California does not allow employers to take a tip credit. Instead, employers must pay tipped employees the full state or local minimum wage in addition to their tips. Employers who take tip credits are violating California law.
Other common violations involving tips under California law include deducting a portion of an employee's tips to pay mandatory credit card processing fees and requiring employees to share their tips with managers.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com