is it against the law for employer to take employees tips/gratuities and pay at a later time to employees?

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is it against the law for employer to take employees tips/gratuities and pay at a later time to employees?

I have an employer/owner of a day spa who takes our daily tips & gratuities (cash, credit card & check) she pays it out the following week with no detail only a day and total amount . I have caught mistakes but she feels she is above having to account for anything. Is this against the labor law?

Asked on June 30, 2009 under Employment Labor Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It could be against the law. Here is the California Department of Industrial Relations website with information regarding tips and gratuities, including a link to the Labor Code Section 351: http://www.dir.ca.gov/dlse/faq_tipsandgratutities.htm.

If, after reading this information, you feel that your rights are being violated, follow the website's instructions for filing a claim or lawsuit.


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