Tips are gifts of money to an employee above and beyond pay for services rendered. Tips and gratuities belong to the employee in California and cannot be taken by the employer. While certain "tipping pools" are legal, an employer may take some or all of your tips. It is illegal for your employer to make you share your tips with managers and supervisors even if they are performing the same work as you

"Gratuities" include any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Generally, any amounts paid directly by the patron to a dancer employed by an employer shall be deemed a gratuity. Employers are prohibited from using tips as a credit against wages owed by the employer. Tips are the sole property of the employee or employees to whom they are given or for whom they are left. Since the employer does not pay tips, they are not considered part of the regular rate for overtime purposes.

An employer that permits patrons to pay gratuities by credit card shall pay the employee the full amount of the gratuity that the patron indicated on the credit card slip, without any deduction for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employee not later than the next regular payday following the date the patron authorized the credit card payment..

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