Does service charge or gratuity charge on bill legally have to go to servers

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boxerlover

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in restaurant? I am a server at a local country club. The restaurant has a line on the customer's bills that shows 20% Service Charge, and used to list as Gratuity Charge until recently. The restaurant, however, only pays the servers their base wage and we never see any of this 20%. I'm assuming the guests believe that this percentage is going to the servers as they never leave any gratuity otherwise. I know other people that work in other country clubs near where I am working and they pass the 20% onto the servers. Does my work need to be legally doing this? Or is it okay what they are doing... Charging the service charge of 20% and keeping it for themselves? If it matters, I am in San Diego, Ca. Please advise. Thank you!
 
That is illegal. Call the Office of the Attorney General in your state and the dept of labor. Starbucks just paid out millions for stealing workers tips
 
Does service charge or gratuity charge on bill legally have to go to servers in restaurant?
NO, not in California.

California does not allow the employer to take a "tip credit" and pay servers less then the regular minimum wage so this is not an issue.
if you were in a state that allowed tip credits to be taken and the employer was taking that credit then the tips must actually go to the employee.
 
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