Legal Question in Employment Law in California

Payroll declaration of tips

Is it legal for my employer to declare all my charge tips, tax them, reducing my paychecks to almost nothing...and he never gave me a W-4 when I began?


Asked on 7/17/07, 7:54 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Payroll declaration of tips

Of course its legal - the charge tips are clearly income to you and must be reported. The employer can also tax you on an estimate of cash tips as well. If you believe the tax rate used is incorrect, ask for a W-4, complete it and turn it into the employer.

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Answered on 7/17/07, 1:01 pm


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