July 15, 2025 Breaking News, Latest News, and Videos

Legal View By Zachary Cantor Principal, Cantor Law:

The next time you go out to eat, the most complicated part of your meal may be how to figure out the tip.

For the past several years restaurant owners and employees have tangled over low wages, medical coverage and whether to divvy up tips. To diners, that’s left a confusing puzzle of arithmetic at the bottom of the bill, which can include a 3 percent medical insurance surcharge, a tacked-on 20 percent service charge – and sometimes even a line after that seeking a tip.

It’s enough to make you start cooking at home again.

A ruling from the 9th Circuit U.S. Court of Appeals in March made tipping more complicated for everybody in the restaurant industry. There are hundreds of restaurants in Santa Monica; about 300 belong to the Chamber of Commerce. So it’s easy to see how the ruling affects many people and their families.

The question for the court seemed simple: could restaurant employees in the “chain of service,” such as servers and busboys, be required – or even allowed – to share their tips with back of the house staff such as chefs, line cooks and dishwashers. The Court’s decision: Tips belong to those in the chain of service. Thus, restaurants using a tip pool will need to ensure that none of their back-of-the-house staff – line cooks, dishwashers, expeditors, or any other staff that may not fall within definition of “customarily and regularly tipped employees” – partake in sharing the tip pool.

Called “tip-pooling,” the practice is, at its best, intended to share the benefits of good service with the team of people who directly contributed to a diner’s experience. At worst, it’s slyly used to ease the increasing costs of doing business – and to make up for the increasing minimum wage – for employees who may not be entitled to participate in the tip-pool.

The 9th Circuit’s decision is still open for revision or appeal. Just to be clear, some tip pooling is permissible, but not to the extent that some restaurateurs are pushing it. Some Los Angeles restaurant owners have tried to redistribute as much as 50 percent or more of waiters’ tips to other staff to reduce their own out-of-pocket costs. Aside from strict limits on who can participate in a tip-pool, what little law that exists on a reasonable amount to be distributed to back-staff at least makes clear that anything close to 50 percent is illegal.

California doesn’t let restaurants pay wait staff less than minimum wage. Some states do, and consider tip income as part of meeting the minimum wage requirement.

That’s why California law does not explicitly prohibit tip pooling, only requiring that an employee’s contribution to the tip pool must be reasonable, fair and equitable. The state’s labor code does not currently contain any statute that directly resolves the question of what counts as reasonable, fair or equitable. However, an opinion letter from the Labor Commissioner in 2005 set some parameters, stating that a “tipping pool policy was permissible where it provided that employees receiving the tips contribute 15 percent of the actual tips to the tip pool.”

A California Appeals Court justice in 2009 also provided guidance on what’s considered a reasonable and fair tip pool percentage, reasoning that a tip reflects the efforts of everyone who contributed to the dining experience; and, therefore, employers could force wait staff to contribute to a mandatory tip pool. The case, Etheridge v. Reins International, involved a restaurant employer who based tip pool requirements on the restaurant’s gross sales. The plaintiff in Etheridge was forced to pay half of his tips into the restaurant’s involuntary tip pool. The appeals court justice expressly opined that a 50 percent requirement “would appear to be an amount well in excess of any common industry practice for tip pool contributions.”

One way restaurateurs are trying to escape the tipping dilemma is by eliminating tipping and adding a 20 percent service fee to a diner’s bill. This is legitimate, and puts the employer in control of that money, which is taxable; and it can be passed along to all staff by whatever percentages the owner decides. But, it may not incentivize the best service or leave the customer feeling validated.

Moving forward, diners may take more interest in how much their server receives from the tip. More importantly, restaurant owners should review their tip policies — particularly if they have a tip-pool arrangement — and make sure they are complying with recent changes in the law. And restaurant employees should also be aware of their rights, and make sure that they are being treated fairly and legally for their hard work.

Zachary Cantor is principal attorney of Cantor Law of Santa Monica: info@cantorlawyers.com or 213.674.0325.

in News
<>Related Posts

California Hits Two-Thirds Clean Energy Milestone

July 15, 2025

July 15, 2025

This year, clean energy has powered the state for an average of seven hours daily, with over 90% of days...

Venice Beach to Host First Medal at 2028 Olympics

July 15, 2025

July 15, 2025

Venice Beach, known for its vibrant boardwalk, will kick off the 844 ticketed events, hosting the triathlon along its coastline...

Santa Monica Man Arrested for Allegedly Exporting Electronics to Iran

July 14, 2025

July 14, 2025

Ostovari, identified as the CEO of a Tehran-based engineering firm, allegedly orchestrated the scheme since 2018  A 66-year-old Santa Monica...

Federal Judge Sides with Santa Monica, Other Local Governments Against Immigration Raids

July 14, 2025

July 14, 2025

Santa Monica Mayor Lana Negrete praised the ruling, saying it reaffirmed the city’s commitment to protecting residents from unjust detention...

Veterans Tech Group to Launch Los Angeles Chapter with Networking Event

July 14, 2025

July 14, 2025

Founded in San Francisco, VetsInTech operates 20 chapters nationwide and claims more than 60,000 veterans VetsInTech, a national nonprofit that...

Film Review: Jurassic World: Rebirth

July 13, 2025

July 13, 2025

“The story is simplistic and predictive, and that’s all it needs to be, because the age-old battle to survive the...

Santa Monica Assault Suspect Faces Multiple Charges, Authorities Seek Additional Victims

July 13, 2025

July 13, 2025

Marbra allegedly assaulted a 52-year-old woman on the Strand in Santa Monica, facing a felony count of assault with intent...

SM.a.r.t.Column: Does the Rand Corporation have a future in Santa Monica?

July 13, 2025

July 13, 2025

“Although no one said it outright, it is clear to all that RAND is feeling—and will continue to feel—the impact...

County Health Leaders Decry Federal Policy Barring Undocumented from Programs

July 12, 2025

July 12, 2025

The officials argued the policy jeopardizes care for all residents, noting it could deter people—regardless of status—from seeking treatment  Leaders...

County Supervisors Move to Preserve Measure J Amid Charter Error

July 12, 2025

July 12, 2025

Measure J mandates that at least 10% of the county’s locally generated, unrestricted funds be allocated to community investments like...

LA Medical Center Seeks Help Identifying Unconscious Patient

July 12, 2025

July 12, 2025

He has been unconscious since admission, and staff have been unable to determine his identity Los Angeles General Medical Center,...

Mayor Bass Issues Directive to Protect Immigrant Communities

July 12, 2025

July 12, 2025

The order expands access to city resources for affected families and requests records from ICE, including details on arrests Mayor...

Downtown Santa Monica CEO Andrew Thomas to Step Down

July 11, 2025

July 11, 2025

Thomas, who rejoined DTSM, Inc. in 2022, oversaw the introduction of a private security program, expanded homeless outreach, and boosted...

Conservancy to Tour Historic Miles Playhouse at State of the City Event

July 11, 2025

July 11, 2025

Built in 1929, the Miles Playhouse serves as the centerpiece of Lincoln Park The Santa Monica Conservancy will offer 15-minute...

Sen. Ben Allen Highlights Challenges, Economic Gains for LA28 Olympics

July 11, 2025

July 11, 2025

The remarks came during the first informational hearing of the Senate’s Special Committee on International Sporting Events State Sen. Ben...