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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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With our son and daughter-in-law we own two coffee shops in

Customer Question

With our son and daughter-in-law we own two coffee shops in CA. We are considering giving one of the baristas management responsibilities. Can we bifurcate her employment shifts, such that she keeps her current shifts as a barista, and shares in the tips for those shifts, and we add "management shifts" during which she performs management tasks such as scheduling, ordering supplies, etc. and does not receive tips for those shifts?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, Under California law, tips belong to the employee. The single exception is where the employer establishes an involuntary tip pool to be shared by employees, other than owners. managers and supervisors. The definition of managers and supervisors are those persons who are not part of the "chain of service" provided to the customer. See Etheridge v. Reins International California, Inc. (2009) 172 Cal. App. 4th 908, 923. As long as your barista is not part of the chain of service when engaged in management activities, then he or she can be excluded from the tip pool. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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