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Employment Law/general manager taking tables and receiving texts

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Question
I work in a restaurant in California in my general manager who is a salaried employee consistently schedule servers 15 minutes after opening during this time it is not uncommon for him to serve 124 tables to which he keeps the tips from. this is the case with the table side down 15 minutes before the server arrive or 30 seconds before the server arrives. it is also not uncpmmon for the same manager to pick up tables in Deering are you busy part of the shift without asking whether or not the service staff can handle taking said tables. I have always been on the impression that a salary manager is not allowed to keep tips. this restaurant also does to go orders and it is our policy that we split the tip from a to go order what everyone that Dealt with said order. this manager also make a point of making sure that he does something with every to go order in order to either take the entire tip or some of the tip. I have work in several restaurants and this is the first restaurant where manager has ever taken tips from guests. I've tried to look of the legality of this and cannot find any information.

Answer
Labour code 351 prevents employers or their agents (managers) from taking tips from employees.

http://www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm

check out the rules on the above California government website which also tells you how to file a claim.

shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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