Am I Eligible for Overtime Pay as a Tipped Employee in California?
If you work in the service industry and regularly receive tips from patrons, you are most likely still eligible for overtime pay if you work more than 40 hours in a workweek or over eight hours in a day. Do not let your employer fool you into thinking you are exempt from overtime pay simply because you earn tips as part of your income. Below, we discuss California’s unique tip laws and how they may affect overtime pay for tipped employees. Understanding California’s Tip Laws Under California Labor Code 351 LC, an employee’s tips cannot count toward the minimum wage. Therefore, tipped employees are not paid differently than employees who earn their income from an hourly wage. This means that