When an employer unlawfully takes your tips, you have protections against this form of wage violation under California law. Our Los Angeles tips and gratuity lawyer can help you seek the compensation you are owed.
Since 2007, Moon Law Group has fought for workers’ rights. Our Los Angeles wage and hour violations lawyers focus solely on employment issues and bring that experience to every case we take on.
Reach out today to schedule a consultation with our legal team.
What Can a Tips and Gratuity Lawyer in Los Angeles Help With?
A Los Angeles tips and gratuity lawyer can help when an employer violates California’s labor laws. Some scenarios include:
- Your employer keeps your tips, or a portion of them.
- Your employer doesn’t pay you minimum wage, claiming a “tips credit” makes up the difference.
- Your workplace has a tipping pool with unfair or unreasonable rules.
- Your employer deducts credit card fees from your tips.
If you believe you have been the victim of a tip violation, our legal team can step in to help.
How Moon Law Group Helps
Our Los Angeles employment lawyer can handle every part of the legal process, protecting your rights and fighting for the full amount of compensation you are entitled to. We can:
- Investigate the violation claim, gathering evidence to support your case.
- File all necessary paperwork, ensuring that each step is followed properly and that everything is submitted within the legal deadlines.
- Handle all communications and negotiations with your employer and their legal team.
- Fight back against any retaliation you have suffered because of filing a claim.
- Represent you in court, when necessary.
We have successfully recovered millions for our clients, and you can learn more about these cases on our results page.
For a free legal consultation with a tips and gratuity lawyer serving Los Angeles, call 213-232-3128
What Compensation Could You be Entitled to After a Tips and Gratuity Violation in Los Angeles?
The specific compensation you are entitled to depends on the circumstances of the violation. However, compensation may include:
- The entire amount of tips that you are owed.
- The difference between your wage and minimum wage, if the employer deducted from your wages.
- Interest on the tips or wages that you are owed.
- Your employer may be required to pay your attorney’s fees and any other legal costs.
- Retaliation damages, if you were fired or demoted.
We will fight for every cent you are owed under California Law.
What Is the Timeline for Your Case?
In California, you typically have three years to file a tip or wage violation claim against your employer. However, there are exceptions to this, so you should always discuss the expected timeline with your attorney.
Los Angeles Tips and Gratuity Lawyer Near Me 213-232-3128
What Should You Do If You Suspect a Tips and Gratuity Violation in Los Angeles?
If your employer is acting unlawfully, there are a few steps you should take to protect your legal rights to compensation. You should:
- Keep a journal where you document the tips you expected to receive versus the amount you actually received. Be specific and write down times and amounts.
- Request your payroll records and ask for tips to be included. Under California law, you have a legal right to access these records as an employee.
- Talk to your coworkers about whether the same issue is happening with them.
- Talk to your manager or employer about the missing tips. Do so in an email or other written communication, so that there is a formal record of you having done so.
- File a wage claim with the California Division of Labor Standards Enforcement.
- Keep any messages you receive from a manager or employer about tips, or that are harassing in nature.
- Keep a copy of the employee handbook, or anything official that talks about tip policies, including tipping pool rules (if applicable to your claim).
- Contact a Los Angeles tips and gratuity lawyer as soon as possible.
- Do not sign anything from the employer or their legal team until you have spoken to an attorney.
What Evidence Can Be Helpful for Your Case?
To prove that a tips and gratuity violation has occurred, your lawyer will need evidence of it having happened. Helpful evidence can include:
- Witness statements from coworkers.
- Official documents from the employer.
- Payroll records, W-2s, and other proof of financial transactions.
- Credit card receipts showing the amount you were supposed to be tipped.
- Any digital communications from the employer.
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What If Your Employer Retaliates Against You?
In California, employees have legal protections against retaliation. Under SB 497, any adverse action taken against you by an employer, within 90 days of you filing a complaint, is illegal. Illegal actions include:
- Terminating your position.
- Demoting you.
- Cutting your hours.
- Reducing your pay.
- Threatening you.
- Contacting immigration authorities.
- Giving you a negative performance evaluation or other write-up without reasonable explanation.
Will Your Employer Find Out About a Claim?
Because of the risk of retaliation, you may be worried about your employer finding out about the claim against them. However, under California law, they must be provided with notice of the claim.
If they retaliate against you, you have legal protections, and our team will help you fight back against negative actions against you.
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Contact a Tips and Gratuity Lawyer in Los Angeles Today
As an employee, your tips often make up a significant portion of your income. When you are being unfairly compensated or not receiving the tips that you should be receiving, it can put huge financial strain on your life. We’re here to help.
At Moon Law Group, we fight back against unlawful employers and unfair labor practices. We will build your claim using clear evidence and fight for the full amount of compensation you’ve lost.
Reach out today to talk to our legal team.
Call or text 213-232-3128 or complete a Free Case Evaluation form
