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First, the court affirmed that employer-mandated tip pooling policies are lawful under the California. Labor Code. (Budrow v. Dave & Buster's of California, ...
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www.lcwlegal.com/newspublications/PDFs/PF_2009_03_30_Ti...
www.lcwlegal.com/newspublications/PDFs/PF_2009_03_30_Tipping_Pools.pdf
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An employer would be permitted to require tip pooling among customarily tipped employees as long as the employer advises them in writing of the tip pooling system, does not set the percentages for pool participants and maintains all records of the tip pool.
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www.wageandhourlawupdate.com/tags/tip-pool/
www.wageandhourlawupdate.com/tags/tip-pool/
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The plaintiff, a server at one of the employer’s restaurants, challenged the employer’s tip-pooling arrangement. The trial court rejected ... This case confirms that, as long as tip pools seek to equitably distribute tips among workers within the chain of service – seen or unseen – and not to benefit the employer,
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www.jacksonlewis.com/legalupdates/article.cfm?aid=1679
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The question that remains is, why isn't employer mandated tip pooling simply viewed as illegal? If customers want their tip apportioned, they can apportion them themselves. There is no reason to view employer mandated tip pooling as a legal business practice.
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www.vtzlawblog.com/2009/03/articles/recent-court-decisi...
www.vtzlawblog.com/2009/03/articles/recent-court-decisions/bartenders-may-participate-in-mandatory-tip-pools-even-if-they-do-not-provide-direct-table-service-budrow-v-dave-busters/
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DLSE FAQ - Tips and gratuities ... According to a California court, Labor Code Section 351 allows involuntary tip pooling. Therefore, your employer can require that you share your tips with other staff that provide service in the restaurant.
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www.dir.ca.gov/dlse/faq_tipsandgratutities.htm
www.dir.ca.gov/dlse/faq_tipsandgratutities.htm
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Employees can't be required to give their tips or any part of them to the company, except as part of a valid tip pooling arrangement (see "Tip Pooling," below) -- and even then, the tip pool must be divided only among certain other employees, not the employer.
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www.nolo.com/legal-encyclopedia/article-29804.html
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I rate employer mandated tip pooling right up there with theft. Not only do I think forced tip pooling is theft, I believe it is theft disguised under the most hypocritcal logic I've ever heard.
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www.classicalvalues.com/archives/003152.html
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It is unclear how much employer involvement constitutes an “employer mandated tip pooling policy.” Directly obtaining tips for redistribution is not required, nor is having a written agreement or written policy.
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www.callaborlaw.com/archives/-93-tip-pooling-class-acti...
www.callaborlaw.com/archives/-93-tip-pooling-class-action-lawsuits-a-the-in-vogue-claim-are-you-at-risk.html
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Many types of tip sharing arrangements of legal, even if they are mandated by the employer and even if the employee has no real way to bargain for different terms. ... Mandatory tip pooling can be legal, but the employer must not abuse it and try to keep the money for themselves. If you feel your tip pooling arrangement...
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www.gotovertime.com/california-tip-pooling-laws.html
www.gotovertime.com/california-tip-pooling-laws.html
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