Posted by George on 4/15/09

More | Report Post

In a recent California ruling the courts ruled that an
employer mandated tip pool including dishwashers and
kitchen staff, who apparently are considered workers in
the "chain of service", does not violate California Labor
Code.

My question for this forum is, How can a court rule that
employer mandated tip pools which include dishwashers and
kitchen staff do not violate California Labor Code, when...

It is a fact that in 2004 the California Senate addressed a
bill which, if passed, would have amended California's
Labor Code so that employer mandated tip pools which
included dishwashers and kitchen staff would not violate
California Labor Code.

You see, back in 2004 the restaurant industry submitted
Senate bill number 1511, sponsored by Dede Alpert, to the
California Senate. The bill requested that California Labor
code be amended so that employer mandated tip pools which
included dishwashers and kitchen staff would not violate
state labor code.

Recently, however, the California Court of Appeal has held
that a restaurant’s mandatory “tip pool,” in which servers
shared their tips with bussers, bartenders, kitchen staff,
and dishwashers, did not violate the Labor Code.

How can the courts blatantly lie and state that a
restaurant’s mandatory “tip pool,” in which servers shared
their tips with bussers, bartenders, kitchen staff, and
dishwashers, did not violate the Labor Code when there is
documented proof to the contrary?

Can we not expect the courts to be truthful?

Re: Truthfulness on the part of the courts, 4/17/09, by sharwinston.

Employment Law Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST