Legal Question in Business Law in California

As a server at a restaurant, I am forced to tip out hosts and bussers. I'm told its for helping me, which is optional for them. But I'm told its my job if I don't give them the tips, I've earned. At the restaurant I am employed at, I end up claiming more than I come home with as it is. I would have no problem tipping out the staff that helps me. But over half of them don't even speak English. Help. ):

Asked on 5/19/13, 8:02 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

This really isn't a legal question. You should talk to the restaurant management staff. But what you describe is common place in the industry. You should talk with a tax professional. There are actual tips and allocated tips under the IRS code. You should never have to claim more than you make...

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Answered on 5/19/13, 8:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Good waiters are in high demand. It may be time to move on.

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Answered on 5/19/13, 8:44 pm


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