10/14/2026
Restaurant and retail workers, let’s talk. Tips shared with the boss. Bags searched on your own time. Sent home after you showed up. California law has rules for all of it.
Your tips belong to you. Employers, owners, managers, and supervisors can’t take any part of them. Tip pools are only allowed among employees who provide direct service, like servers, bussers, and bartenders. And tips can’t be used to cover your minimum wage. Your employer has to pay full minimum wage on top of them.
If the nature of your work reasonably permits it, your employer must provide a suitable seat. Courts look at your tasks one by one, so if some of them, like ringing up customers or folding, could be done sitting, “I’m on my feet all day” doesn’t excuse the employer.
Waiting for and going through a mandatory bag or security check before you leave counts as time worked. If you’re made to clock out first, that’s off-the-clock work you should be paid for.
Being told to hold your time open and call in to find out whether you’re needed isn’t free. Depending on how the on-call shift works, you may be owed pay even if you were never told to come in.
And if you show up for a scheduled shift and get sent home or given less work than planned, you’re generally owed pay for at least half your scheduled shift: a minimum of 2 hours and a maximum of 4 hours at your regular rate.
If you’ve had tips taken, been made to wait on bag checks unpaid, or been sent home with less pay than you should have gotten, you may be owed money.
Contact us for a free consultation:
818-696-1330