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what can an employer do if an employee wont contribute to

Customer Question
what can an employer do...
what can an employer do if an employee won't contribute to tip pool
Submitted: 5 years ago.Category: Employment Law
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Answered in 1 minute by:
4/5/2012
Employment Lawyer: JB Umphrey, Lawyer replied 5 years ago
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Hi and thank you for using JustAnswer!

Please clarify:

1. What state is the employer located in?

2. Please clarify: what do you mean the employee is not contributing? What's the employer's written policy (is there a written policy) and what is the employee doing?
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Customer reply replied 5 years ago

California

 

Were a Casino. There are a few Dealers that are not Contributing to Tip Pool and many More that don't contribute agreed amout per Hour Or Down

Employment Lawyer: JB Umphrey, Lawyer replied 5 years ago
Thank you. Please stand by while I have your question moved to the California employment law category so that you can be assisted by one of those experts.
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Customer reply replied 5 years ago
You breathing?
Customer reply replied 5 years ago

I guess I should add a few follow up questions while I wait.

 

Do employees in the Tip pool have a right to see physical copies of who is contributing and what amounts and who is not contributing . Do they get to see recap by day by week by month or by year. What kind of Verification are they entitled to?

 

 

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
Joseph
Joseph, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,299
Experience: Experienced employment lawyer, representing both management and employees
Verified
Hello and welcome to JustAnswer.

I'm a California law expert, and can answer your question.

Is there a written policy in place regarding the tip pool?
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Customer reply replied 5 years ago

Yes. But some are not following.

 

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
If employees fail to contribute to the tip pool, the employees could be disciplined or termianted for cause for failing to follow the employer's policy regarding the tip pool.
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Customer reply replied 5 years ago
What recourse do employees in tip pool have that are not recieving tips from these employees not contributing?
Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
I would suggest that employees inform their employer about the other employees who are not contributing to the tip pool, in order to get them to contribute.

Otherwise, there wouldn't be a direct cause of action against the employees for failing to contribute to the tip pool.
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Customer reply replied 5 years ago

The Employer knows some employees are not contributing and they are the only ones with the Record. Are employees in Tip Pool allowed to see contributions by employees and should there be records made available for verification to all employees in tip pool.

 

This involves 100's of people.

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
It depends on the employer's policy as to whether the employees in the tip pool are allowed to see the contributions by other employees and whether or not the employer wants to make the records available to employees for verification.
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Customer reply replied 5 years ago

There is no written policy on who gets to see who is contributing and who is not.

 

 

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
Unfortunately, then, employees wouldn't have a right to see the contributions of other employees to the tip pool.
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Customer reply replied 5 years ago

So the employees that make their living from the Tip Pool have No Recourse on the Employees Not Contributing or the Employer for Not Enforcing Employees to Contribute to tip pool.

 

So why should any employee contribute to tip pool?

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
Other than reporting the misconduct to the employer, the employees wouldn't have any other recourse.

Unfortuantely, if the system is based on the employees' honesty in contributing, the only recourse would be to complain to the employer about the employees.

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Customer reply replied 5 years ago

It's been going on for years and employer has done Nothing to rectify situation and now more are contributing less and some nothing at all.

 

There is set amout per hour and employees in tip pool are suppose to contribute.

 

We are very busy and tip pools have dropped 40% .

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
As I mentioned above, there wouldn't be any cause of action against the fellow employees, other than reporting the misconduct to the managers and the employer.
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Customer reply replied 5 years ago

What's the employers obligation to those in Tip Pool not getting their Tips?

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
The employer has an obligation to enforce their own policy regarding tips. If they fail to do so, employees could file a wage claim for not receiving the amount in tips that they should.

They could file a wage claim with the Department of Industrial Relations using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
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Customer reply replied 5 years ago

How would Employees know the exact amout owed to them if they are unable to see the records?

Employment Lawyer: Joseph, Employment Lawyer replied 5 years ago
The employee could estimate based on the number of employees and the number who are and are not contributing to the tip pool.
Joseph
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Satisfied Customers: 5,299
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