Question:
California Labor Code. Is this legal?
Get Real
2007-05-11 11:27:56 UTC
When food servers are required to take breaks (California labor code 512) can the employer legally require them to transfer their tables to another server so that they lose out on their tips in order to take a break? Also, if the server is approaching 5 hours (which mandates a break) can the employer make them transfer their tables, clock out and go home so that the server ends up losing out on tips, just so the employer doesn't have to give them a break? Some companies pay higher hourly wages to "breakers" that come in and cover breaks. They don't get tips. Rather, the server on break gets to keep the tips and the company pays the higher wage to the "breaker" to make things fair. Does anyone know what the law is in regards to this. Must the server transfer tables and lose out on money that they have rightfully earned? Aren't breaks supposed to benefit employees and not cause them to lose money?
Two answers:
anonymous
2007-05-11 13:30:00 UTC
This is not illegal, its just capitalism.
SMEAC
2007-05-11 11:45:46 UTC
If other servers are stealing your tips,they know its wrong.You can settle it in the parking lot,but that could get you in trouble.Accidents DO HAPPEN, in sure theres plenty of hot coffee or soup that might ACCIDENTALLY fall their way.


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