Tipping is not just a city in China...

VonSeegs · Post by **VonSeegs** » Fri Sep 19, 2003 3:02 pm

So I looked up what the law says about tipping and what we can do about it. I got this from the book California Workers' Rights: A Manual of Job Rights, Protections, and Remedies, Third Edition.

"A tip of gratuity left by a patron is your property, and yours alone, whether paid in cash or on a credit card. Your employer cannot credit any part of a tip against your wages (deduct it from your wages as if it were paid as a wage). Nor can your employer give any part of your tip to anyone else, although the employer may require involuntary tip pooling or sharing as long as the policy is reasonable. It is illegal for your employer to agree in private with you, another employee, or a labor union to violate the intent of this law. Your employer must keep an accurate record of all tips and gratuities it receives to be passed on to you." Labor Code sections 350-356.

"Enforcement: Complaint to the state labor commissioner or local destrict attorney; civil suit. Violation of these regulations is a misdemeanor punishable by sixty days in jail and a fine of up to $1,000."

"Exceptions: Employees of operations, such as valet parking concessions, that do not charge patrons at all, are not covered by this law, provided the employees are guaranteed a fixed wage regardless of the amount of tips received. In such a concession, the customers' cars are parked for free, and the only income received by the concession operator is the tips given to employees."

Ok so basically what this means is that management cannot force you to turn in any tips you get, whether it be from giving a tour to putting somone in a row they request. However, the company can ask us to turn it down for the three times but after that if the guest still insists then you can accept it. Report it to management but they cannot take it.

tourbunny · Post by **tourbunny** » Fri Sep 19, 2003 8:42 pm

you know, it is so depressing to read that. i have had the printout of the labor code 350 on my desk for months now and i keep reading it over and over again thinking what loophole the company is gonna give us as an explanation and we all know that they will do that. they always find something to explain their evil ways.
the valleyparking exeption would put a twist on tours that are comped. there are people like guests of michael eisners or actors that have done disney movies that don't pay for their tours. so technically the service was provided at no charge which would mean that we had no right to keep the tip.
complicated situation...
someone needs to go to his famous lawer cousin and ask if we have a case. anybody got a cousin like that?...

Dante101 · Post by **Dante101** » Fri Sep 19, 2003 9:11 pm

Well, I don't know. It reads, "In such a concession, the customers' cars are parked for free, and the only income received by the concession operator is the tips given to employees."

True, a tour may be given for free, but it's not the only income received by the concession. Then again, I'm not a lawyer - so I don't know for sure if that's what it means...

I think the only thing that remains unclear is if the company really has the legal right to order its employees to refuse tips. Once it is given, it's yours; but I wonder if they can order you to turn it down.

It doesn't seem right that they can order you to turn down a tip, but legally???

CujoSR · Post by **CujoSR** » Sat Sep 20, 2003 8:20 pm

I suggest that everyone keep a copy in thier pocket or wallet at all times. if management has a problem with you taking a tip, whip it out. Chances are they might back off. Warning though: You might be considered smeone who likes to rock the boat. Use my suggestions at your own risk.

Dante101 · Post by **Dante101** » Sat Sep 20, 2003 8:58 pm

...or ask for a receipt, or something in writing that they are taking your tip money from you...

tourbunny · Post by **tourbunny** » Mon Sep 22, 2003 1:49 pm

well, here's the deal:
they already give you a receipt that you turned in your tip. you are asked what charity of your choice you'd like to donate it to and then they give you that piece of paper, stating that you've donated $100 to your local animal shelter for example. it is now tax deductable for you should you itemize, but with a disney income, who does!
if we keep our tip and they catch ua we lose our vip status and get our knowledge pulled. maybe even get suspended, law or not.
although exepting the role of a tourguide, we verbaly agree not to take tips but we never sign anything...tricky....
frustrating topic!

Dante101 · Post by **Dante101** » Mon Sep 22, 2003 2:01 pm

Ah, damn. I was hoping that asking for a reciept might make them think twice about taking your money... Oh well... Just ridiculous of them...

VonSeegs · Post by **VonSeegs** » Wed Sep 24, 2003 4:13 pm

Employee Policy Manual, pg 85 [updated November 1, 1995 (not sure if the new one is complete or not)]

Gratuities

Policy
It is the policy of the Company that employees in job classifications where tippingis not customary are prohibited from soliciting or accepting tips, gifts or favors on return for Guest services.

General Administration
Supervision administers this policy.

1. Employees who receive a gratuity or gift in such a way that it is not possible to return it must notify their supervisor of the fact of the gratuity or gift before the end of their regularly scheduled shift the day they receive the gratuity of gift.

2. The employee's department director will determine the disposition of the gratuity or gift in accordance with standard operating guidelines within the department.

3. See also the Business Ethics and Conflict of Interest policy.

*Things just seem weird to me because no company can make policies that overrun what the law states. Maybe it's that whole thing about concession operators that leaves us in that grey area. I think it's something to call Labor Relations about, if to at least get a clear explaination about it. I think I remember reading that someone already did and hasn't heard back from them so if you have keep making those calls. God knows they never return my phone calls until I have to get nasty about it. They're very helpful up there but not very quick.*

tourbunny · Post by **tourbunny** » Fri Sep 26, 2003 8:47 pm

von seegs,
you are indeed correct that someone has already talked to tom about it but that someone does not understand that tom does not call back until he has 45 messages from you on his answering mashine. so there that goes...
employee policy manual sucks in that aspect then because we pretty much signed that we agree to those terms. but you are correct, what phony thing is it to override state law, just because they think we would be soliciting tips. that's a load of #$%^&%...
looks like not much we can do about it but bring it up at the next nagotiations. shame...

Dante101 · Post by **Dante101** » Fri Sep 26, 2003 9:51 pm

VonSeegs wrote:Employee Policy Manual, pg 85 [updated November 1, 1995 (not sure if the new one is complete or not)]

Gratuities

Policy
It is the policy of the Company that employees in job classifications where tipping is not customary are prohibited from soliciting or accepting tips, gifts or favors on return for Guest services.

Isn't being a tour guide just like being an escort?

Isn't is customary to tip an escort?