Employer using tip pool as petty cash?

[madison86]

I work at a Jamba Juice franchise in California where we do tip pooling. The franchise owner has recently started borrowing money from the tip pool for use as petty cash. For instance we ran out of bananas the other day and rather than take from the safe funds like we always have, he took money from the tip pool to pay for bananas at the grocery store. He promises to pay the funds back, but since we the employees don't actually know how much is in the pool until the end of each week, who knows if he's actually doing it or not? If he's going to pay it back, why not take from the safe funds like we always have? I'm looking for some law that shows what he's doing is illegal. Labor Code Section 351 says pretty plainly that the gratuities are the sole property of the employee but when tip pooling comes in it gets complicated. I just need something to show him and say "You can't do that." Can anyone point me in the right direction? Thanks.