There is a recurring theme in the restaurant business. It involves servers counting out their cash and matching it with the sales and tips they have earned for that day. In many cases, they file away money and receipts and then share some of the cash with other restaurant workers, including the bartender, hostess and others. It’s a common practice involving sharing tips.
Changes to Laws Pertaining to the Restaurant Industry
As of March 23, 2018, the federal government passed a budget spending bill that brought back sharing tips with other workers. The bill also prohibited employers, managers and supervisors from taking the tips their employers made, which was one of the most hated parts of the proposal. However, the law allowed employees who receive tips, such as waitstaff, to share tips with those who do not, such as cooks, even if the restaurant pays full minimum wage to all of its employees. This is a drastic change from the traditional rule, which disallowed the sharing of tips.
What This Means for California
In addition, this marks a change in seven states that lack a tip credit, including California. Restaurant operators are allowed to request servers to tip others who work the back of the house if they pay the full minimum wage to those workers.
Restaurants in the state are happy with these new rules. One owner of a pizza place in the Walnut Creek area stated that he started sharing tips with back of the house workers almost immediately after the changes made to the Fair Labor Standards Act or FLSA. He added that restaurants should always better compensate their kitchen workers, especially as there is a shortage of labor in that area.
Another restaurant owner said she would share tips with her kitchen workers once her restaurant moved to a new space and in a second establishment she planned to open. She pointed out that kitchen people are underpaid and that sharing tips helps to compensate for that.
Not So Great News
Although most restaurant owners and operators are happy to be able to share tips with kitchen workers, it’s not always a good thing. When they have this power, it could work against the cost of doing business, such as avoiding giving cooks a raise. If a cook knows that they deserve that raise, they could end up looking into speaking with a Los Angeles restaurant worker rights lawyer and file a lawsuit. Over time, this practice can also lead to the relief of tipping, which is not a good thing. Staff can continue looking into speaking with an employee rights attorney for restaurant workers as a result.
Unfortunately, not all servers are happy about the new rules about sharing tips. Some believe it’s the restaurant’s responsibility to take care of the back of the house and pay cooks and other kitchen staff a better salary. Others believe it’s selfish not to share tips with cooks and other back of the house workers.
If you are a server or other restaurant worker in California who has been denied a fair salary or tips, you need a Los Angeles restaurant worker rights lawyer on your side. An employment attorney Los Angeles based can help you recover what you deserve. The best lawyer for restaurant employee discrimination Los Angeles has can help you start your claim. Contact an employee rights attorney for restaurant workers to ensure you can fight back. Your lawyer for restaurant employee discrimination Los Angeles based will advise you on the best course of action to take in your case. Contact a top employment attorney Los Angeles based at your earliest convenience.