Plaintiff was forced to forfeit 12% to 20% of gratuities left for him by customers to Defendant
San Diego, CA (PRWEB) November 30, 2012
On October 9, 2012 the San Diego labor attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against Troon Golf, Escalante Golf, and The Crosby National ("Crosby") for alleged wage and hour violations. Moynihan, et al. vs. Escalante Golf, Troon Golf, and The Crosby National, Case No. 37-2012-00083250 is currently pending in San Diego Superior Court.
According to the class action complaint filed against Crosby, the company adds a surcharge of around 18% to food and beverage bills. This fee appears to serve as a gratuity charge to guests at the Crosby National, who are told not to tip, the Complaint alleges. According to the Complaint, Crosby allegedly then forced the wait staff members to forfeit around 12% to 20% of the gratuities left back to Crosby.
Although tip pooling is not expressly prohibited by the Labor Code, California Labor Code Section 351 does expressly prohibit employers and their agents from collecting, taking, or receiving any portion of a gratuity. Thus, employers who mandate tip pooling must only distribute pooled tips to employees in the "chain of service." The Complaint alleges that by distributing tips to Crosby directly and to their agents who were not in the "chain of service," Crosby allegedly violated the legal requirements for handling pooled tips.
Norman B. Blumenthal, an attorney for the workers, said that regardless of the workers' base pay, "any surcharges that guests perceive to be a tip must go to the wait staff."
For more information about the class action lawsuit against Troon Golf and Crosby National, call (866) 771-7099.
Blumenthal, Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act.