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Q.Can my employer require me to share my tips with the busboy and the bartender?
A.Yes. Under California law an employer can require involuntary tip pooling (e.g. that all servers share their tips with other staff that provide direct table service in the restaurant). Such employees may include servers, busboys, bartenders, and host/hostesses. Employees who would not be permitted to share in the tip pool would include dishwashers, cooks, and chefs, unless the chef prepares the food at the patron’s table in which case the chef may participate in the tip pool.
Additionally, tip pooling cannot be used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if they provide direct table service to a patron.
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