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Appellate Practice

Jul. 29, 2009

Tipping the Scales

Since the beginning of the year, five appellate decisions have addressed employer policies on tip redistribution.

Alana H. Rotter

Partner, Greines, Martin, Stein & Richland LLP

Phone: (310) 859-7811

Email: arotter@gmsr.com

Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.

Many employees voluntarily share their tips with co-workers. But many employers also require employees to share their tips. Questions about this practice, often referred to as "tip pooling," have kept the California courts busy this year: There have been five appellate decisions on mandatory tip redistribution policies since January.

In the recent opinions, courts have addressed who restaurant, casino and Starbucks employees can be forced to share their tips with and under what ci...

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