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:
- Am I entitled to rest breaks?
- Are employers required to pay mileage reimbursements?
- Are employers required to reimburse employees for work expenses?
- Can my employer fire me for complaining about unpaid wages?
- Does my employer have to give me meal breaks?
- 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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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
- Jason Erlich
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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.
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