Can a boss withhold electronic tips from an employee?

Work at a non-chain frozen yogurt place. Just found out we don’t get the electric tips from customers only the cash ones. I am a clerk. Is this legal. And can they make us work 7 hours without a break? They said that our “break” is during our working shift and that’s us eating while helping customers. Is this legal?

Asked on August 12, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry, an employee working more than two hours at a time is entitled to a ten minute break with pay. At hour four, the employee is entitled to a thirty minute break with pay. Hour six gets a ten minute break with pay. At hour eight if more work is required there is a ten minute break and time after that is overtime at time and a half.

As to withholding electronic tips of an employee, that is improper. I suggest that you consult with your supervisor about such and if not remedied, your local labor department.


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