3.1. The Labor Commissioners Office will hold a hearing on the alleged tip law violation.30 This is simpler and faster than a court proceeding. This standard does not apply to outside sales employees, teachers, lawyers, or doctors. This could mean hosts, bartenders, busboys, etc.13, However, pooled tips may NOT be shared with managers who have the authority to hire or fire employees. Is a mandatory service charge considered to be the same as a tip or gratuity? Either party may appeal the ODA to a civil court of competent jurisdiction. California Labor Code 98 LC, 98.1 LC Labor Board Complaints. p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; The DOL issued FAQsabout the new regulations acknowledging that "some employers could potentially offset some of the increase in total compensation received by back-of-the-house workers by reducing the direct wage that they pay those workers." Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Today employees need and want comprehensive whole health benefits more than ever. California minimum wage laws only apply to what an employer paysnot tips that a customer leaves. There are limited exceptions, including some student employees and people who receive tips. "Newly allowed tip sharing may incentivize the inclusion of these previously excluded workers and reduce wage disparities among all workers who contribute to customers' experience.". (updated March 2013). The employer may not withhold any payment, and employees can't be forced to kick back any portion of their wages. Similarly, tips do not count for calculating overtime pay under California overtime law. [CDATA[/* >