wage theft Los Angeles

Much debate in recent years has centered on whether American workers in certain industries should be compelled to continue their reliance on tipped wages. There are roughly 5.5 million such workers, and their non-tipped wages often fall far below both the federal and state minimum wages. They may also be subject to tip pools.

As noted by the California Labor Commissioner’s Office, a “tip” is money left by a customer over the actual amount due for the services or goods they received. That money belongs to the worker(s) – not the employer.

Workers who rely on tipped wages are often (understandably) very protective of them. Tipping pools, which compel workers to share those tips with fellow employees, are not favored among tipped workers.

In California, tip pooling is legal as long as it is done in compliance with state and federal laws. However, there are specific rules and regulations regarding tip pooling that employers must follow in order to avoid violating workers’ rights.

Under California law, employers are allowed to require employees to participate in a tip pool, where tips are collected and distributed among employees who provide direct table service to customers. However, employers are not allowed to take any portion of the tips for themselves or use them for any purpose other than distributing them to eligible employees. Continue Reading ›

In most California wage and hour employment lawsuits, the entity held accountable by wronged workers is their (sometimes former) employer. Agents of your employer (typically, the owner) are in charge of paying those wages, but generally aren’t deemed responsible if there is a violation of law to do so. In fact, two California Supreme Court decisions in recent years (Reynolds v. Bement and Martinez v. Combs) affirmed this fact. But now, a California appellate court has ruled the lines of liability for unfair wages may not be so black-and-white. It may in fact be possible for supervisors and/or fellow employees deemed responsible to pay both civil penalties and your attorneys’ fees.

The case in question, Atempa v. Pedrazzani, before the California Court of Appeal, Fourth Appellate District, Division One, weighed a case filed under the state’s unique Private Attorney General’s Act (allowing wronged workers to sue for labor violations on behalf of the state and keep 25 percent of the verdict or settlement).

Persons Acting on Behalf of Employer Can Be Liable for California Wage Theft Continue Reading ›

Articles Tagged with wage theft Los Angeles

Are Tip Pools Legal in California Workplaces?

CA Court: Wage Theft Penalties, Fees Owed by Business Agents