Can a boss withhold electronic tips from an employee?

UPDATED: Aug 12, 2012

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Can a boss withhold electronic tips from an employee?

Work at a non-chain frozen yogurt place. Just found out we don’t get the electric tips from customers only the cash ones. I am a clerk. Is this legal. And can they make us work 7 hours without a break? They said that our “break” is during our working shift and that’s us eating while helping customers. Is this legal?

Asked on August 12, 2012 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this coutnry, an employee working more than two hours at a time is entitled to a ten minute break with pay. At hour four, the employee is entitled to a thirty minute break with pay. Hour six gets a ten minute break with pay. At hour eight if more work is required there is a ten minute break and time after that is overtime at time and a half.

As to withholding electronic tips of an employee, that is improper. I suggest that you consult with your supervisor about such and if not remedied, your local labor department.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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