Regarding Tips & wages Started by Imprisoned , Feb 17 2014 01:09 PM Please log in to reply 6 replies to this topic 3 posts Posted 17 February 2014 - 01:09 PM Hello, I am a massage therapist from California. I have a few questions about wages and tips.
First, My boss has decided to give 10% of all tips received to the front desk workers. Before the therapist were getting 100% of the tips. Is this legal? I read on http://blogs.findlaw...-your-tips.html that its not but i don't know if it applies.
Second, Our boss has started to schedule us training day to train new employees. However he dose not pay us to train them. Is this legal?
I have been working at the place for 4 years and have yet to get a change in my contract. can he legally do these thing without changing my contract.
If he is doing things illegally what can i do about it? Thanks!! 58 posts Posted 18 February 2014 - 08:01 AM First of all, you mention a contract. Do you have a true contract and if so, are you really an employee or an Independent Contractor? Posted 18 February 2014 - 11:32 AM I am an employee. 58,508 posts Posted 18 February 2014 - 11:54 AM It would be unlawful if a manager or boss were taking tips for him/herself, but a tip pool isn't unlawful. So I might not gripe about 10% lest he start saying all of you share equally in tips whether you're a front desk person or the person who cleans the place or the therapist (of course, he might have a big problem attracting "therapists" since I doubt that's a common industry habit).
As for training time, an employee is entitled to pay for time worked. You're free to bring the issues to your state labor dept.
We cannot know whether you have a contract that fixes conditions through a given period of time or whether you have an at-will contract where the boss is free to change the terms at any time, up to and including "you're fired" or "from here on, you'll be paid X." I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229388-regarding-tips-wages/