California has no tip credit, so every tipped worker earns at least $16.90 an hour before a single tip, and many cities set higher rates. Owners, managers and supervisors can't share a tip pool. Card tips are paid in full, with no processing fee taken out.
Rates verified against the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)
02The yes/no sheet
Can you do this in California?
In California you can't take a tip credit, can require staff to join a tip pool and can't take card processing fees out of tips. Each answer below carries its condition and an official source.
Yes state law allows itNo state law says noDepends read the conditionFederal rule no state rule, federal applies
What restaurant operators can and can't do with tips in California
Bartenders and bussers can share. Food runner and host: must be in the chain of service. Owners, managers and supervisors cannot share.[2][4]
04
Include cooks and dishwashers?
Yes
Kitchen staff, including cooks and dishwashers, may join a fair and reasonable pool when they contribute to the chain of service; owners, managers and supervisors cannot share.[4][2]
05
Give managers or supervisors a share?
No
Owners, managers and supervisors can't share an employee tip pool, even when they serve tables themselves. Real duties decide who counts.[2]
06
Let an owner keep any of the tips?
No
Owners can't be paid from employee tip pools, even if they serve tables themselves.[2]
07
Pick your own split (hours, points or percentages)?
Depends
Employer can require a fair and reasonable valid tip pool. Exact percentages or allocation may not compensate owner/manager/supervisor.[2]
Yes, by default. Genuine service charges only; customer understanding and local hospitality rules may require employee distribution.[2][6] Some cities have their own rules.
12
Pay tips on a payroll card?
Depends
Specific voluntary programs approved in DLSE’s 2008 opinion; confirm program details, free full access and current law before relying on broader applications. Offer another way to get paid too.[7]
03State vs federal
California vs federal law
California sets a stricter rule than federal law on 4 of the 10 rules below, starting with a $16.90 minimum wage against the federal $7.25. Where the two differ, the rule that is better for the worker applies.
California tip rules compared with federal rules (FLSA)
FederalMore than $30 a month in tips, customarily and regularly received in the occupation.[8]
CaliforniaNot applicable: California has no tip credit.
Not applicable
Managers in the poolState rule
FederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[8]
CaliforniaOwners, managers and supervisors can't share an employee tip pool, even when they serve tables themselves. Real duties decide who counts.[2]
State rule
Kitchen in the poolState rule
FederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[8]
CaliforniaKitchen staff, including cooks and dishwashers, may join a fair and reasonable pool when they contribute to the chain of service; owners, managers and supervisors cannot share.[4][2]
FederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[8]
FederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[8]
CaliforniaCredit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.[2]
State rule
Mandatory service chargesState rule
FederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[8]
CaliforniaThe business's money, genuine service charges only; customer understanding and local hospitality rules may require employee distribution.[2][6]
State rule
Overtime for tipped staffState rule
FederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[8]
CaliforniaGenerally 1.5 times regular pay after 8 daily or 40 weekly hours and the first 8 hours on the seventh consecutive day in a workweek; double after 12 daily or 8 on that seventh day. Valid alternative schedules and exemptions can differ. Voluntary tips are excluded; distributed service-charge wages enter the regular rate. No tip credit.[2][5][8]
California doesn't allow a tip credit. Tipped staff earn the full $16.90 an hour from the employer, and every tip lands on top.[2]
Worked example
One server, one 30-hour week in California
Wage: 30 hours × $16.90$507.00
Tips for the week+ $600.00
Their week$1,107.00
WageTips on top
Wage you payTips, all theirs
No tip credit means tips never reduce what you pay. A slow night doesn't change the wage line. Fictional worker and tips.
Tip credit conditions
Not applicable: California has no tip credit.
Who counts as tipped
Not applicable: California has no tip credit.
Overtime
Generally 1.5 times regular pay after 8 daily or 40 weekly hours and the first 8 hours on the seventh consecutive day in a workweek; double after 12 daily or 8 on that seventh day. Valid alternative schedules and exemptions can differ. Voluntary tips are excluded; distributed service-charge wages enter the regular rate. No tip credit.[2][5][8]
Side work and dual jobs
Not applicable: California has no tip credit.
Other rates
Other minimum wage rates in California
Rate
Hourly
IndustryFast foodCovered national-chain limited-service restaurants, subject to statutory exceptions. Since .[9]
$20.00
Local industryLos Angeles: Hotel restaurants and barsCovered hotels with 60+ rooms; 50+ rooms in the designated airport zone. Next: $25.50 on . Since .[10]
$25.00
Local industrySanta Monica: Hotel restaurants and barsCovered hotel restaurants and bars under the hotel living-wage ordinance. Since .[11]
$25.00
Local industryOakland: Hotel restaurants and bars (with health benefits)Hotels with 50+ rooms; employees hired for or averaging 5 hours/week for 4 weeks, including contractors; restaurant staff can qualify. Since .[12][13]
$18.85
Local industryOakland: Hotel restaurants and bars (without health benefits)Hotels with 50+ rooms; employees hired for or averaging 5 hours/week for 4 weeks, including contractors; restaurant staff can qualify. Since .[12][13]
$25.14
Local industrySan Diego: Hotel restaurants and barsEmployees of covered hotels, including covered hotel restaurants and bars. Next: $20.50 on . Since .[14]
$19.00
Local industryLong Beach: Hotel restaurants and barsCovered hotels with 100+ guest rooms, including covered connected premises and contractors. Next: $28.00 on . Since .[15]
$26.50
Youth or trainingLearners of any ageFirst 160 hours in an occupation with no previous similar or related experience; check local exceptions. Rate set by formula: 85% of applicable minimum wage, rounded to the nearest nickel.[1]
$14.35*
* Worked out by Ferry from the formula, using the $16.90 state minimum wage. Not an official figure.
Scheduled increases
Now, since $16.90
$17.40General statewide minimum wage, all employer sizes. Labor Code 1182.12(c); Department of Finance certification 2026-07-31[3]
Fast food
The $20 fast food minimum wage
Covered national-chain limited-service restaurants in California pay at least $20.00 an hour, not the $16.90 statewide rate. It has applied since April 1, 2024.[9]
At least 32 cities and counties in California set their own minimum wage, from $16.90 in Hayward to $20.34 in Emeryville. A restaurant inside one of them pays the local rate, not the $16.90 state rate.[1]
Local rates allowedSorted highest first. Bars start near the state rate, marked with a line.
Local minimum wages in California, 34 rows, sorted highest first
Haywardsmall business 25 or fewer employees, including outside city[37][1]
$16.90
Same as state
$16.90
Next change $17.40 on
6 local hotel and industry ordinances set higher rates for covered workers. They are listed under Other rates.
Local service charge rules are in the service charges section.
Not covered here? Ask the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) at 833-526-4636 or on dir.ca.gov/dlse.
Who can share in a tip pool in California, by role
Role
Can share?
Condition
Front of house
Server
Allowed
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Bartender
Allowed
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Busser
Allowed
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Food runner
Depends
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Host
Depends
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Barback
Depends
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Expo
Depends
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Back of house
Cook
Allowed
Must be in the chain of service; no owner, manager or supervisor shares.[4][2]
Dishwasher
Allowed
Must be in the chain of service; no owner, manager or supervisor shares.[4][2]
Leadership
Shift lead
Depends
Must be in the chain of service. Owners, managers and supervisors cannot share.[2]
Manager or supervisor
Not allowed
Cannot receive employees’ pooled tips. Actual ownership and management duties determine the restriction.[2]
Owner
Not allowed
Cannot receive employees’ pooled tips. Actual ownership and management duties determine the restriction.[2]
Managers and supervisors
Owners, managers and supervisors can't share an employee tip pool, even when they serve tables themselves. Real duties decide who counts.[2]
Owners
Owners can't be paid from employee tip pools, even if they serve tables themselves.[2]
Back of house
Kitchen staff, including cooks and dishwashers, may join a fair and reasonable pool when they contribute to the chain of service; owners, managers and supervisors cannot share.[4][2]
Who sets the percentages
Employer can require a fair and reasonable valid tip pool. Exact percentages or allocation may not compensate owner/manager/supervisor.[2]
Cap on what a pool can take
No state rule. Federal rule applies: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[8][2][43]
Why cooks and dishwashers can share tips in California
A California appeals court held that a tip pool can include staff who help serve the guest, even without direct table service. That is why kitchen staff in the chain of service can share.[4]
Court decision · 2009
Etheridge v. Reins International California, Inc.
California Court of Appeal, 172 Cal.App.4th 908
What the court held
Tip pooling is not illegal when everyone in the pool contributes to the guest's service, even if they don't serve the table directly. The facts involved kitchen staff and dishwashers.[4]
Why it matters
A pool can reach back of house, as long as the split is fair and reasonable. Owners, managers and supervisors still can't take a share.
What a California pool has to get right
Everyone in it contributes to the guest's service
The split is fair and reasonable
No owner, manager or supervisor takes a share
Card tips go in at full value, with no processing fee taken out[4][2]
07Put it to work
Setting up a tip pool in California
Under California rules, 9 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.
The law decides who's in. You still have to run the split every shift and pay it out. That part is a math and payout job, and it's the same job whether you have one location or forty.
Saturday dinner pool$1,200.00
9 of 10 staff can share in California
By %
By points
By hours
Servers 55%Bar 12%Support 15%Kitchen 18%
The same $1,200.00 pool split three ways, using roles that can share in California
Who
By %
By points
By hours
MayaServer, 6 h, 10 pts
$220.00
$203.39
$133.34
JordanServer, 6 h, 10 pts
$220.00
$203.39
$133.33
PriyaServer, 6 h, 10 pts
$220.00
$203.39
$133.33
SamBartender, 6 h, 8 pts
$144.00
$162.71
$133.33
LuisBusser, 5 h, 5 pts
$90.00
$101.69
$111.11
AvaFood runner, 5 h, 5 pts
$90.00
$101.69
$111.11
TheoCook, 7 h, 4 pts
$72.00
$81.36
$155.56
KimCook, 7 h, 4 pts
$72.00
$81.36
$155.56
RafaDishwasher, 6 h, 3 pts
$72.00
$61.02
$133.33
DanaManager or supervisor, 2 h (ran food)
Not in the pool. Cannot receive employees’ pooled tips.
Total
$1,200.00
$1,200.00
$1,200.00
Fictional restaurant and staff. The guest-facing staff here are assumed to meet California's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.
Support PoolReceiversContributors
RoleContributed
Server$262.83
Bartender$54.92
Total$317.75
Support PoolReceiversContributors
Pooled by DayDistribute by Hours Worked
NameRoleHoursTips
Jonah KimBusser6.50+$179.56
Sofia NunezFood Runner5.00+$138.19
Total11.50$317.75
Support Pool contributors: Server $262.83 and Bartender $54.92, for a total of $317.75. Support Pool receivers, pooled by Day and distributed by Hours Worked: Jonah Kim, Busser, 6.50 hours, +$179.56. Sofia Nunez, Food Runner, 5.00 hours, +$138.19. Total 11.50 hours and $317.75.
Support pool split. Servers and bartenders pay into the support pool, split by hours worked.
Ferry Tip Manager
Ferry Tip Manager: support pool split by hours
Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.
Who it's forFull-service restaurants that tip out bussers, runners and bar backs
In California a mandatory service charge belongs to the business by default, genuine service charges only; customer understanding and local hospitality rules may require employee distribution. A tip is the guest's choice and belongs to staff.
Tips compared with service charges in California
Question
OptionalTip
MandatoryService charge
Who sets the amount
The guest
The business
Who it belongs to
The worker it was left for, or the pool
The business, by default. Genuine service charges only; customer understanding and local hospitality rules may require employee distribution.[2][6]
Can it go to staff?
Yes, through the pool
Yes. Amounts paid to staff are wages, not tips.[8]
Step 1Did the guest choose whether to pay it, and how much?
YesIt's a tip. It belongs to staff.
NoIt's a mandatory charge. Go to step 2.
Step 2What does California say?Business owns it by defaultThe business, by default. Genuine service charges only; customer understanding and local hospitality rules may require employee distribution.[2][6]
Step 3Check the cityEmeryville: Hospitality employers must pay entire collected service charges to hospitality workers who performed the charged services.[16] Long Beach: Hotel service charges allocated to covered workers; room-service charges paid to workers who delivered the associated food/beverage. See full ordinance for banquet/porter allocation and exclusions.[15] Santa Monica: Covered service charges go entirely to eligible workers; disclose before purchase. Pay cash charges that day, others next payroll; written distribution reports required.[46]
Large-party auto gratuities
California classification depends on customer perception and intent, not the label alone. Federal FLSA treats compulsory charges as service charges; distributed amounts are wages included in regular pay.[2][8]
Local service charge rules
Emeryville. Hospitality employers must pay entire collected service charges to hospitality workers who performed the charged services.[16]
Long Beach. Hotel service charges allocated to covered workers; room-service charges paid to workers who delivered the associated food/beverage. See full ordinance for banquet/porter allocation and exclusions.[15]
Santa Monica. Covered service charges go entirely to eligible workers; disclose before purchase. Pay cash charges that day, others next payroll; written distribution reports required.[46]
Not covered here? Ask the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) at 833-526-4636 or on dir.ca.gov/dlse.
09Card tips
Card tips in California: fees and payout timing
In California the card processing fee can't come out of a worker's tip; the full tip goes to the worker. Payout deadline: credit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.
Card processing fees
NoFull tip, no fee taken.
Full charged gratuity must be paid without subtracting employer credit-card processing fees or costs.[2]
When card tips have to land
TonightGuest adds a tip On the card, at the table.
CloseShift is tallied The pool is split by your rules.
DeadlineCalifornia rule Credit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.[2]
Last dayFinal pay Fired: all wages due right away. Quitting with 72 hours' notice: due at quitting. Otherwise within 72 hours.[47]
Paydays: Generally at least twice each calendar month on designated regular paydays: earnings 1st–15th due by 26th; earnings 16th–month end due by 10th next month. Weekly/biweekly/other semimonthly periods generally within seven calendar days after period end; statutory exceptions exist.[47]
Paying tips on a payroll card
Allowed?DependsSpecific voluntary programs approved in DLSE’s 2008 opinion; confirm program details, free full access and current law before relying on broader applications.[7]
Worker consent needed?YesVoluntary participation and specific deposit authorization; based on a 2008 DLSE opinion, medium confidence.[7]
Free way to get the money?State ruleImmediate full cash access on payday without fee; the 2008 opinion describes one free transaction per pay period and California access.[7]
Must you offer another option?YesFederal CFPB guidance directly requires an alternative; the 2008 California opinion supports optional participation, medium confidence.[7][48]
Alice AndersonServer · Downtown
Tips
Direct tips+$980.25
Indirect tips+$0.00
Tip Outs-$147.07
Tips payable$833.18
Tip Payment
DateTypeStatusAmount
2026-10-29AutomaticSuccess$833.18
2026-10-28AutomaticSuccess$783.19
2026-10-27AutomaticSuccess$733.20
Alice Anderson, Server, Downtown. Direct tips +$980.25, indirect tips +$0.00, tip outs -$147.07, tips payable $833.18. Tip Payment history, all Automatic with status Success: 2026-10-29 $833.18, 2026-10-28 $783.19, 2026-10-27 $733.20.
Employee tip payout. Each person's direct tips, tip outs, and payable amount, then paid automatically.
Ferry Pay and Pay Card
Ferry Pay: each tip share, paid out digitally
Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.
Who it's forOperators who want to stop the nightly cash run
200+locations across 30 states run Tip Manager and Ferry Pay
66%+reduction in cash-carrying costs
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
Jake Guild, Senior Vice President & Chief Accounting Officer, BJ's RestaurantsRead the BJ's case study
Not covered here? Ask the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) at 833-526-4636 or on dir.ca.gov/dlse.
10Records
Records and notices in California
Keep each tipped worker's tips and hours on record, shift by shift. California: keep wage and time records at least three years.
California State
How long to keep them Keep wage and time records at least three years. Local ordinances may require longer.[5]
Tip credit noticeNot applicable: California has no tip credit.
Posters and forms Statewide minimum wage order and applicable industry wage order.[49]
Everywhere Federal
Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[8]
How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[50]
Tip credit notice Not needed in California: there's no tip credit.
A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
Not covered here? Ask the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) at 833-526-4636 or on dir.ca.gov/dlse.
For workers
Think your tips were handled wrong in California?
Workers in California can file a tip or wage claim with the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) (833-526-4636). Filing is free, and this page can't settle a dispute; the state can.[2]
California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office)
Retaliation: Workers may file a DLSE retaliation complaint or sue over retaliation for opposing unlawful tip credits or filing or threatening wage claims. Federal FLSA retaliation protection can apply even outside federal wage coverage.[2][52]
Penalties: Violating the gratuity article is a misdemeanor punishable by up to $1,000 and/or 60 days in jail; the Labor Commissioner may investigate, cite or sue over unlawfully withheld tips.[53][54]
Can they take this out of my tips?
Walkouts and dine-and-dashNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[2]
BreakageNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[2]
Register shortagesNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[2]
UniformsNot allowedEmployee tips cannot pay employer uniform costs. Separate wage-deduction rules may also apply.[2][5]
Card processing feesNot allowedEmployer must pay full card tip without processing-fee deductions.[2]
A manager's shareNot allowedEmployers, managers and supervisors cannot receive employee tip-pool shares.[2]
11Law changes
What changed in California tip law, and what's coming
Next scheduled change: the California minimum wage goes to $17.40 on . Most recent change: Department of Finance certified $17.40 effective January 1, 2027 for all employer sizes ().
ComingMinimum wage goes to $17.40 (General statewide minimum wage, all employer sizes).[3]
ChangedDepartment of Finance certified $17.40 effective January 1, 2027 for all employer sizes.[3]
ChangedGeneral statewide minimum wage increased to $16.90 for all employer sizes.[1]
ChangedSB 648, Chapter 93, Statutes 2025, amended Labor Code 351(b) to authorize Labor Commissioner investigations, citations or civil actions for unlawfully taken/withheld tips.[54][55]
Key statutes
California Labor Code 350–356: gratuity ownership, records, enforcement and penalties
Not covered here? Ask the California Department of Industrial Relations, Division of Labor Standards Enforcement (Labor Commissioner’s Office) at 833-526-4636 or on dir.ca.gov/dlse.
New in 2026
SB 648: the state can now chase withheld tips
Since January 1, 2026, the Labor Commissioner can investigate, cite or sue over tips an employer takes or withholds. It amended Labor Code 351(b), the core of California's gratuity rules.[54][55]
In effectMinimum wage hits $16.90One statewide rate for every employer size.[1]
In effectSB 648 takes effectLabor Code 351(b) now lets the Labor Commissioner investigate, cite or sue over taken or withheld tips.[54][55]
In effect2027 rate certifiedThe Department of Finance certified a 2.99 percent increase to $17.40.[3]
ComingMinimum wage goes to $17.40For every employer size. Still no tip credit.[3]
12FAQ
California tip law questions
Plain answers to the 8 questions restaurant owners and staff ask most about California tip law, each linked to its source.
Can a California restaurant count tips toward minimum wage?
No. Employees must receive the applicable minimum wage in cash, plus their tips. Higher local or industry wages may apply.[2][1]
Can an employer require a tip pool?
Yes. A California tip pool must be fair and reasonable and distribute tips to eligible employees in the chain of service.[2]
Can cooks and dishwashers receive pooled tips?
Yes, when they are in the chain of service. Owners, managers and supervisors cannot receive employee tip-pool shares.[2][4]
Can credit-card processing fees come out of tips?
No. California requires payment of the full charged tip without subtracting employer processing fees or costs.[2]
When are credit-card tips due?
No later than the next regular payday after the customer authorizes the credit-card payment.[2]
Does a service charge belong to the restaurant?
A genuine service charge may be restaurant revenue, but a charge customers understand and intend as a gratuity may belong to employees. Local hospitality ordinances can also require employee distribution.[2][6][16][15][46]
Do voluntary tips increase the regular rate for overtime?
No. DLSE states that voluntary customer tips are excluded from the regular rate for overtime calculations.[2]
Can California workers receive wages on a payroll card?
Certain voluntary programs are permitted. DLSE’s opinion requires prompt access to full cash wages without a fee; federal guidance also requires an alternative payment method.[7][48]
13Compare
How California compares with nearby states
California borders Arizona, Nevada and Oregon. None of the neighbors with a page pays a higher minimum wage than California's $16.90. Running locations on both sides of a line? Each one follows its own state's rules.
Every figure on this page links to one of these 55 sources: 51 for California and 4 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.
“There is an exception for learners , regardless of age, who may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in occupations in which they have no previous similar or related experience.”
“There is no distinction made between adults and minors when it comes to payment of the minimum wage.”
“An employer may not use an employee's tips as a credit toward its obligation to pay the minimum wage per hour.”
“the courts have validated policies that distributed tips among employees who provide "direct table service" or who are in the "chain of service" provided that employee in the chain of service bears a relationship to the customers' overall experience.”
““Service charges” may be considered a “gratuity” (tip) under Labor Code section 350 or not depending upon whether the specific facts show the charge is perceived and intended by a customer to be a gratuity.”
“Unlike under federal regulations, in California an employer cannot use an employee's tips as a credit towards its obligation to pay the minimum wage.”
“In short, both the holding in Leighton and the Leighton rationale mandate the conclusion that tip pooling is not illegal when the participants in the tip pool contribute to the patron’s service, even if not providing direct table service.”
“When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer.”
“Every employer shall keep accurate information with respect to each employee including the following:”
“shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.”
“The hotel is free to retain for itself the large premium, as well as the service charge, or to remit all or some of the revenue to its employees.”
“We conclude there is no categorical prohibition why what is called a service charge cannot also meet the statutory definition of a gratuity, and thus we reverse.”
“The restaurant is part of a restaurant chain of at least 60 establishments nationwide.”
“Restaurants that operate a bakery that "produces" and sells "bread" as a stand-alone menu item as of September 15, 2023, and continue to do so are exempt from the new law.”
“Measure Z: Effective January 1, 2026, the Oakland Hotel Minimum Wage Rate goes up to $18.85 per hour (with Health Benefits), and $25.14 per hour (without Health Benefits).”
“Measure FF: Effective January 1, 2026, the Oakland Minimum Wage Rate goes up to $17.34 per hour.”
“Health benefits, for purposes of this requirement, consist of the payment of $6.29 per hour towards the provision of health care benefits for hotel employees and their dependents.”
“hotels with 50 or more guest rooms or suites of rooms in the City of Oakland”
“applies to any hotel employee who was hired to or did perform work an average of five hours per week for at least four weeks at one or more hotels within the City of Oakland.”
“Emeryville’s ordinance also requires that Hospitality Employers who collect service charges from customers must pay the entirety of those charges to the Hospitality Workers who performed those services for which the charge was collected.”
“The City of Pasadena reminds local employers and employees that the citywide minimum wage will increase from $18.04 to $18.57 per hour for all businesses, regardless of size, effective Wednesday, July 1, 2026.”
“Beginning July 1, 2026, employers who are subject to the City's business license requirement or who maintain a business facility in the City, must pay to each employee who performs at least two hours of work per week in Milpitas, minimum wages of not less than $18.50 per hour.”
“Starting January 1, 2026, the minimum wage rate in the City of Sonoma is $18.47/hour for large employers (26 or more employees) and $17.38/hour for small employers (25 or fewer employees).”
“Section 5.36.040, the City of Malibu has determined the year 2026 annual Minimum Wage increase to be 3.7%, for a Minimum Wage of $17.91 effective July 1, 2026, for all employers.”
“Beginning July 1, 2026, an employee who performs at least two (2) hours of work in a particular workweek within the geographic boundaries of the City of Alameda must be paid wages of not less than $17.76 per hour .”
“Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”
“For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”
“These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”
“compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”
“An Employer shall distribute all Service Charges in their entirety to the Employee(s) who performed services for the customers from whom the Service Charges are collected.”
“except that any amounts collected in cash shall be paid to Employees at the close of business on the day the amounts are collected.”
“All Service Charges must be disclosed to consumers with Clear and Conspicuous notice prior to the time that the customer makes a purchase or selection”
“In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays.”
“An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination.”
“Labor Code Section 204 Overtime wages must be paid no later than the payday for the next regular payroll period following the payroll period in which the overtime wages were earned.”
“Employers must post the statewide minimum wage order and the industry-specific wage order applicable to their workplace in an area accessible to employees.”
“Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”
“Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”
“Records on which wage computations are based should be retained for two years,”
“the protection applies to all employees of an employer even in those instances in which the employee’s work and the employer are not covered by the FLSA.”
“Any employer who violates any provision of this article is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not exceeding 60 days, or both.”
Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.
1
Official sources only
Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.
2
Every figure is linked
Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.
3
Re-checked on a schedule
Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.
4
Gaps are left out, not guessed
If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.
What changed on this page
First version of this page. Every figure was checked against the official sources listed on this page.
Researched by Ferry's tip operations research team. Last reviewed .