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Tips and Gratuity - RAWA Law Group APC

Tips and Gratuity

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WHAT IS TIP OR GRATUITY?

The definition of “Gratuity” according to the Labor Code is referred to 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, drink, articles sold or served to patrons.”

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EMPLOYERS AND THEIR AGENTS CAN’T SHARE TIP OR GRATUITY:

California Labor Code Section 351 and IWC Wages orders prohibits your employer and its agents such as your employer’s The Leading Attorney for Overtime & Unpaid Wage Casesmanagers, supervisors, etc. from sharing in or keeping any portion of a gratuity left for or given to you or other co-workers by a patron. Furthermore, it is illegal for your employer to offset or make wage deductions from gratuities, or from using gratuities as direct or indirect credits against your wages. California law further states that gratuities are the sole property of “the employee or employees to whom they are given”.

Additionally, tip pooling cannot be used to compensate your employer, manager(s), or supervisor(s) of the business, even if these individuals directly participate and provide direct table service to a patron.

WHEN ARE TIPS OR GRATUITY DUE FOR PAYMENT TO EMPLOYEE?

If your employer’s customer uses a credit card as a payment method to pay for amount due including tips, the gratuity portion that belongs to you must be paid to you no later than the first next regular payday following the date the customer authorized the credit card payment. Your employer may not make any deduction for credit card processing fees or costs that are charged to the employer by the credit card company from gratuities paid to the employee.

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MANDATORY SERVICE CHARGE IS NOT TIPS CHARGED BY EMPLOYER

Tips and Gratuity are voluntary amount left by a patron for an employee. A mandatory service charge is an amount that aSouthern California’s Superior Unpaid Wage & Overtime Attorney patron is required to pay based on a contractual agreement or a specified required service amount listed on the menu of an establishment.

An example of the 10% or 15% mandatory service charge in which your employer’s customer agreed to pay and added to the cost of the service provided by your employer. Such charges are considered as amounts owed by the patron to your employer, as such these charges are not gratuities or voluntarily left by the patron to you. Therefore, when your employer distributes all or part of this service charge to its employees, the distribution may be at the discretion of your employer and the service charge, which would be characterized as form of bonus since this amount paid by your employer it would be included in your regular pay rate when calculating your overtime payments.

YOUR EMPLOYER CAN’T DEDUCT TIPS FROM YOUR PAYCHECK

According to California law, your employer must pay you at least the minimum wage required by law in addition to any tips left for you by patrons. Your employer can neither take any part of your tips, nor deduct money from your wages because of the tips you earned. Therefore, your employer cannot credit your tips against the money your employer owes you or use your tips as a credit towards your employer’s obligation to pay you the minimum wage.

INVOLUNTARY TIPS ALLOWED TO BE POOLED BY EMPLOYERS

California Law allows involuntary tip pooling in the restaurant business. Your employer can require you to share your tips with other coworkers who provide “direct table service”. Employees who provide direct services, include waiters and waitresses, busboys, bartenders, and host/hostesses. Employees who do not provide direct service share in the tip pool include dishwashers, cooks, and chefs. In case the chefs in the restaurant prepare the food at the patron’s table, in which case the chef may participate in the tip pool. Additionally, tip pooling cannot be used to compensate your employer, manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron.

If Your Employer Is Deducting, Pooling Or Sharing Your Tips

Since tips are voluntarily left for you by your employer’s customer and are not being paid by your employer, such amount is not considered as part of your regular pay rate for the purpose of calculating your overtime pay.

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Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
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Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
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Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
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Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
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Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
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Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.
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Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
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Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.
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Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.
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Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
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Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.
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Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
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Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
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Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
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Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.
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Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Fatal Workplace Accidents

Back and Neck Injuries

Medical Benefits Claims

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Denied Workers’ Compensation Claims

Spinal Cord Injuries

Burn Injuries

Workers’ Compensation Appeals

Hearing Loss Claims

Workplace Chemical Exposure

Slip and Falls at Work

Construction Site Injuries

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Workplace Injuries

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
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Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
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Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
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Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
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Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.
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Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.
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Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.
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Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.
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Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.
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Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.
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Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.
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