Legal Question in Employment Law in California

I am a server at a restaurant in CA. Server's can get audited for allocated tips, based on the server's Sales volume and the percentage of that they are claiming to have earned. The restaurant I work for, constantly asks me to allow other servers to transfer their sales to me, but still give them the income from those sales. I feel that I am being asked to be held responsible for someone else's taxes. I have asked my managers to transfer the sales volume to the cashiers sales since at that point no one is accountable for that sales volume. Some of the managers allow it but still pressure me to do it. This is a big corporate chain. My District Manager told me that since it is what they have always done, that's how they will keep doing things. I explained that since I am a late server I have several people every day doing this and that adds up to thousands of dollars a year of sales and essentially tips that I am not receiving but still being taxed on. Do I have any options?


Asked on 5/04/10, 12:28 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, you can file a claim with the Labor Commissioner to force your remedy and correction. You are entitled to hire and attorney, and if your claim is successful, his fees to be reimbursed by the employer.

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Answered on 5/10/10, 10:01 am


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