California employers in the hospitality industry must navigate complex tipping laws to ensure compliance and avoid costly mistakes. In this video, I break down five key issues every employer should understand when it comes to tips, including who legally owns a tip, the rules around employer-mandated tip pooling policies, and whether tips impact overtime calculations
Understanding Tips, Tip Pools, and Service Charges: A Guide For California Employers
The service industry in California constantly grapples with the complexities surrounding tips, tip pooling, and mandatory service charges. Recently, on August 23, 2024, a federal appeals court blocked the Department of Labor’s (DOL) controversial 80/20/30 rule in Restaurant Law Center, Texas Restaurant Association v. United State Dept. of Labor. This rule, which created significant
California Attorney General’s Office Finally Publishes FAQs on Junk Fee Law – As Expected, It Attacks Restaurant Surcharges
As reported last week, the California Attorney General’s office announced that the new state law banning “junk fees” will extend to surcharges at restaurants, marking a significant shift in billing practices in the food industry. Today, the Attorney General finally released the FAQs which were promised last week. Under this interpretation of the Attorney
Tips, Mandatory Tip Pools, and Service Charges In California
An issue that constantly plagues the service industry is what to do about tips and the challenges that come with mandated tip pooling and mandatory service charges. We still routinely counsel restaurant clients on the intricacies regarding tips, mandatory tip pools, and service charges. This simple concept, which should be relatively easy, becomes complex under
Tips and Tip Pools In California
By Pooja Patel and Anthony Zaller
An issue that constantly plagues the service industry is what to do about tips and the challenges that come with mandated tip pooling and mandatory service charges. This week’s post is an update and a general discussion about tipping and mandatory service charges. This simple concept is surprisingly complex
Calculating Regular Rate of Pay for Employees Under California Law
It is critical for California employers to properly calculate the regular rate of pay for an employee in order to pay the appropriate overtime pay and for premium pay for missed meal and rest breaks. Here are five issues employers must be aware of regarding calculating an employee’s regular rate of pay:
1. Employers must
Case Holds Mandatory Service Charge May Be A Gratuity That Must Be Distributed to Employees
In O’Grady v. Merchant Exchange Productions, Inc., the California Court of Appeals held that a mandatory service charge could potentially be found to be a gratuity that must be distributed to service employees. The issue in the case is whether a “service charge” can be a “gratuity” that Labor Code section 351 requires to
DOL issues memo explaining new tip pooling regulations
As I wrote about recently, on March 23, 2018, the Consolidated Appropriations Act, 2018 signed by President Trump changed federal law on the issue of tip pools and allows employers to share tips with back of the house employees. In connection with the new law, the Department of Labor issued a memorandum this week
Uber class action certified, five takeaways for California employers
This week, a federal court in northern California certified portions of a class action 
brought by Uber drivers who worked in California since 2009 (click here for the decision [PDF]). Over 160,000 drivers have worked for Uber in California during this time period, and while the case is making a lot of news,
Five wage deductions California employers cannot make
1) Gratuities
All tips are the emp
loyee’s property, and cannot be taken by the employer. Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states