My employer deducted tips from my paycheck. Is this legal?
Under California labor law, employees have the right to keep any tips they earn. It is illegal for employers, business owners and managers to withhold or deduct the tips you have earned from your paycheck.
Employers are not allowed to take any portion of a worker’s tips to keep for themselves. They also may not offset tips against regular wages or force employees to share a portion of the tips with them.
Tip law violations are taken very seriously by California labor regulators. Employers are required to keep detailed records of all tips received.
If your employer unlawfully deducted tips from your paycheck, you may be able to take legal action. You can file a complaint with the California Labor Commissioner’s Office or pursue a lawsuit against your employer.
Because tipping laws are complex, it is best to speak with an experienced employment lawyer who can help you understand your options. Contact Erlich Law Firm to learn more.
Other Wage, Overtime & Commissions Theft FAQs:
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- Can my employer fire me for complaining about unpaid wages?
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- How long do I have to file a claim for unpaid overtime?
- How much do you get paid for overtime in California?
- Is wage theft a crime in California?
- My employer deducted tips from my paycheck. Is this legal?
- Should I be paid for off-the-clock work?
- What should I do if my employer doesn’t pay me the overtime wages I am owed?
- What should I do if my employer is not paying me my wages on time?
- What types of damages can I recover in a claim for unpaid wages?
- When does my employer have to pay me my final wages upon termination or resignation?
- When must commissions be paid in California?
- Why do I need a lawyer for my unpaid wages claim?
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