CA Restaurant Tipping Laws?

[andor25]

I am getting ready to open a restaurant and am very confused about the laws about gratuities. I am in the Sate of California, which has stricter rules than Federal rules.
Here is where my confusion lies:
If I am an owner and I have one server working at the same time as I am and we split tables and give all tales the same service, why am I not allowed to collect gratuities? (Labor Code 351)
Also, what if I work alone? Am I then allowed to accept gratuities?
What if every employee is a shift supervisor? Then do the gratuities get split evenly? Or does no one get gratuities? In that case, where do they go?

Thank so much!

[jen]

I am getting ready to open a restaurant and am very confused about the laws about gratuities. I am in the Sate of California, which has stricter rules than Federal rules.
Here is where my confusion lies:
If I am an owner and I have one server working at the same time as I am and we split tables and give all tales the same service, why am I not allowed to collect gratuities? (Labor Code 351)
Also, what if I work alone? Am I then allowed to accept gratuities?
What if every employee is a shift supervisor? Then do the gratuities get split evenly? Or does no one get gratuities? In that case, where do they go?

Thank so much!

$2 is good

[sampson]

the law says you can't keep someone else tips. if the tip was given to you, you can keep it..

from what I read you can't split it, mostly because you are an owner.. if you were a co worker you could but can't because you own the place..

"No employer or agent shall collect, take, or receive any
gratuity or a part thereof that is paid, given to, or left for an
employee by a patron, or deduct any amount from wages due an employee
on account of a gratuity, or require an employee to credit the
amount, or any part thereof, of a gratuity against and as a part of
the wages due the employee from the employer. Every gratuity is
hereby declared to be the sole property of the employee or employees
to whom it was paid, given, or left for. An employer that permits
patrons to pay gratuities by credit card shall pay the employees the
full amount of the gratuity that the patron indicated on the credit
card slip, without any deductions for any credit card payment
processing fees or costs that may be charged to the employer by the
credit card company. Payment of gratuities made by patrons using
credit cards shall be made to the employees not later than the next
regular payday following the date the patron authorized the credit"

[barnett]

$1.00 is good..