Re: Response to Conanylizer

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Lawyers have been paid millions of dollars to represent their clients in tip
poolling lawsuits. Just look at how much the lawyers made in the Starbucks lawsuit
in California.

The reason I and many other workers like myself are unable to do anything to change
the way our laws are being interpretted is our tips are being stolen from us. You
wanted me to explain why I don't do something about it. It's because I don't have
the financial means to do so. Tips are the main source of income for many workers
in America. Many of these worker's tips, are being taken away because businesses
want to be able to utilize the customer's tip to save themeselves money.

My post started off as a post simply pointing out the fact that customer's should
have the right to tip whomever they want. There is a public law in California that
is being interpretted in a manner suggesting that the courts, rather than
customer's are authorized to determine who is entitled to the customer's tip.

Many consumer protection laws are of a public law nature, which is suppose to limit
the ability of companies dealing with consumers to engage in transactions that fail
to respect the rights of consumers.

Employer mandated tip pooling is a business practice which indisputably fails to
respect the rights of consumer's. That right being, the right to decide, for
themselves, who should be the recipient of their tip and thus protected by laws
which deem the customer's tip to be the sole property of the person to who it is
paid, given or left for by a patron.

I believe that the judges who have ruled that California's public policy on
gratuites does not prohibit empoyers from taking the customer's tips so that the
employer can utilize such funds compensate workers of the business's choosing are
doing so in violattion of state law.

California Labor code 356 clearly states;

The Legislature expressly declares that the purpose of this
article is to prevent fraud upon the public in connection with the
practice of tipping and declares that this article is passed for a
public reason and can not be contravened by a private agreement. As
a part of the social public policy of this State, this article is
binding upon all departments of the State.

On 5/02/09, sharwinston wrote:
> Neither your nor I know any lawyer that has received "millions to do something
> about this problem."
>
> The only problem is the one you are pontificating about -- and badly.
>
> No attorney in the State of California owes you anything. And, assuming
> arguendo, this were an issue in California, no attorney in the State of
> California should be expected to work for free on this de minimis issue that you
> have apparently devoted your life to. So, Tipping-Pool-George, why don't you
> get off you A#@ & do something about your perceived injustice instead of looking
> to someone else to do it for you.
>
> I repeat my question: Why don't Y-O-U "do something about this problem?"
> Don't have an answer? I thought so!
>
> On 5/01/09, George wrote:
>> You lawyers have been paid millions to do something about this problem. Look
> at
>> all the cases employers have brought against their employers for forced tip
>> pooling. Why do the cases continue? DO you intentionally sabatoge the cases so
>> you'll get more? Why are the lawyers who have been hired by employee not
>> challenge the court's contention that California labor code does not prohibit
>> employer mandated tip pooling. IF you read the law, it is quite clear that it
>> prohbits employers from taking tips away from an employee who has received a
>> tip. When employers mandate tip pooling, tips must be taken from an employee
> if
>> they are going to be shared or pooled with others. There can be no excuse that
>> the employee has waived his rights to keep his tips when he took the job due
> to
>> the fact that the law was passed for public reason and in such cases one
> cannot
>> waive his or her rights.
>>
>> On 4/28/09, sharwinston wrote:
>>> Why don't Y-O-U do something about it?? -- You seem to have plenty of time
>>> on your hands the past decade to pursue your obsession about this nobody-
>>> cares-topic.
>>>
>>>
>>> On 4/28/09, George wrote:
>>>> Now would you lawyers please do something to correct this injustice.