Part of Ferry's 51-state tip laws guide

California tip laws (2026)

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 as of Last reviewed

California at a glance

No tip credit

California: $16.90 an hour minimum wage and no tip credit, so tipped staff get the full $16.90 before tips.

Next change: $17.40 on . General statewide minimum wage, all employer sizes[3]
California tip and wage rates at a glance, as of Nov 3, 2026
State minimum wage$16.90/hrStatewide from .[1]
Tipped cash wage$16.90Full minimum wage. Tips go on top.[2]
Max tip creditNoneTips can't count toward wages.[2]
Tip poolingAllowedMandatory pools allowed.[2]
Card-fee deductionNot allowedThe full tip goes to the worker.[2]
Card tip payoutCredit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.[2]
Local minimum wages32+ placesLocal rates on file. See all[1]

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
NumberCan you…AnswerThe condition
01Take a tip credit against minimum wage?NoPay the full $16.90 an hour before tips.[2]
02Make staff join a tip pool?YesAllowed, as long as only eligible staff share.[2]
03Include bartenders, bussers, runners and hosts?DependsBartenders and bussers can share. Food runner and host: must be in the chain of service. Owners, managers and supervisors cannot share.[2][4]
04Include cooks and dishwashers?YesKitchen 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]
05Give managers or supervisors a share?NoOwners, managers and supervisors can't share an employee tip pool, even when they serve tables themselves. Real duties decide who counts.[2]
06Let an owner keep any of the tips?NoOwners can't be paid from employee tip pools, even if they serve tables themselves.[2]
07Pick your own split (hours, points or percentages)?DependsEmployer can require a fair and reasonable valid tip pool. Exact percentages or allocation may not compensate owner/manager/supervisor.[2]
08Take card processing fees out of tips?NoThe worker gets the full tip on the slip.[2]
09Hold card tips until payday?DeadlineCredit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.[2]
10Cover walkouts, breakage or register shortages from tips?NoNot from tips.[2][5]
11Keep a mandatory service charge for the house?DependsYes, by default. Genuine service charges only; customer understanding and local hospitality rules may require employee distribution.[2][6] Some cities have their own rules.
12Pay tips on a payroll card?DependsSpecific 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)
RuleFederal (FLSA)CaliforniaComparison
Minimum wageStricterFederal$7.25[8]California$16.90[1]Stricter
Tipped cash wageStricterFederal$2.13[8]California$16.90 (full minimum wage)[2][1]Stricter
Max tip creditStricterFederal$5.12[8]CaliforniaNone[1]Stricter
Who counts as tippedNot applicableFederalMore 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 ruleFederalManagers/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 ruleFederalCooks 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]State rule
Card fees from tipsStricterFederalOnly 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]CaliforniaNot allowed[2]Stricter
Card tip payoutState ruleFederalCharged 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 ruleFederalA 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 ruleFederalFor 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]State rule

04Wages

Minimum wage and the tip credit in California

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
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
RateHourly
Industry Fast foodCovered national-chain limited-service restaurants, subject to statutory exceptions. Since .[9]$20.00
Local industry Los 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 industry Santa Monica: Hotel restaurants and barsCovered hotel restaurants and bars under the hotel living-wage ordinance. Since .[11]$25.00
Local industry Oakland: 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 industry Oakland: 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 industry San Diego: Hotel restaurants and barsEmployees of covered hotels, including covered hotel restaurants and bars. Next: $20.50 on . Since .[14]$19.00
Local industry Long 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 training Learners 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

  1. Now, since $16.90

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]

Most California restaurants

  • $16.90 an hour statewide in 2026
  • $17.40 from January 1, 2027
  • A higher city rate applies where one exists

Covered fast food chains

  • $20.00 an hour since April 1, 2024
  • National-chain limited-service restaurants
  • Statutory exceptions apply

Sources[1][3][9]

05Local rates

City and county minimum wages in California

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
City or countyRatevs state $16.90Tipped cash wageEffective
Emeryville[16][1]$20.34+$3.44 over state$20.34
Berkeley[17][1]$19.61+$2.71 over state$19.61
San FranciscoSpecial government-supported employee tier requires separate current confirmation.[18][1]$19.61+$2.71 over state$19.61
RichmondHealth-benefit-credit tier requires current ordinance confirmation.[19][1]$19.18+$2.28 over state$19.18Next change $19.61 on
Belmont[20][1]$18.95+$2.05 over state$18.95
El Cerrito[21][22]$18.82+$1.92 over state$18.82Next change $19.36 on
Cupertino[23][1]$18.70+$1.80 over state$18.70Next change $19.25 on
Palo Alto[24][1]$18.70+$1.80 over state$18.70Next change $19.25 on
Redwood City[20][1]$18.65+$1.75 over state$18.65
San Mateo[25][1]$18.60+$1.70 over state$18.60Next change $19.25 on
PasadenaCPI adjustment, amount not yet published.[26][1]$18.57+$1.67 over state$18.57Next change
Milpitas[27][1]$18.50+$1.60 over state$18.50
Los Angeles CountyApplies only to unincorporated county areas.[28][1]$18.47+$1.57 over state$18.47
Santa MonicaCPI adjustment, amount not yet published.[11][1]$18.47+$1.57 over state$18.47Next change
Sonomalarge 26+ employees[29][1]$18.47+$1.57 over state$18.47
Los AngelesCPI adjustment, amount not yet published.[30][1]$18.42+$1.52 over state$18.42Next change
PetalumaCovered employees work 2 or more hours a week. A $15.56 city learner rate applies to ages 14 to 17 for their first 160 hours.[31]$18.31+$1.41 over state$18.31
Santa Rosa[32][1]$18.21+$1.31 over state$18.21Next change $18.83 on
South San Francisco[20][1]$18.15+$1.25 over state$18.15Next change $18.75 on
San Mateo CountyApplies only to unincorporated county areas.[33][1]$17.95+$1.05 over state$17.95Next change $18.58 on
Half Moon Bay[20][1]$17.91+$1.01 over state$17.91
MalibuCPI adjustment, amount not yet published.[34][1]$17.91+$1.01 over state$17.91Next change
East Palo Alto[20][1]$17.90+$1.00 over state$17.90
Burlingame[35][1]$17.86+$0.96 over state$17.86Next change $18.47 on
Foster City[36][1]$17.85+$0.95 over state$17.85Next change $18.36 on
Haywardlarge business 26+ employees, including outside city[37][1]$17.79+$0.89 over state$17.79Next change $18.39 on
AlamedaCPI adjustment, amount not yet published.[38][1]$17.76+$0.86 over state$17.76Next change
San Carlos[39][1]$17.75+$0.85 over state$17.75Next change $18.35 on
San Diego[40][1]$17.75+$0.85 over state$17.75Next change $18.35 on
Menlo ParkApplies within incorporated city limits. Proposed 2027 amount needs final council-approval confirmation.[41][1]$17.55+$0.65 over state$17.55
Daly City[42][1]$17.50+$0.60 over state$17.50Next change $18.10 on
Sonomasmall 25 or fewer employees[29][1]$17.38+$0.48 over state$17.38
Oakland[12][1]$17.34+$0.44 over state$17.34
Haywardsmall business 25 or fewer employees, including outside city[37][1]$16.90Same as state$16.90Next 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.

06Tip pool

Who can be in the tip pool in California

California allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.

Who can share in a tip pool in California, by role
RoleCan share?Condition
Front of house
ServerAllowedMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
BartenderAllowedMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
BusserAllowedMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
Food runnerDependsMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
HostDependsMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
BarbackDependsMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
ExpoDependsMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
Back of house
CookAllowedMust be in the chain of service; no owner, manager or supervisor shares.[4][2]
DishwasherAllowedMust be in the chain of service; no owner, manager or supervisor shares.[4][2]
Leadership
Shift leadDependsMust be in the chain of service. Owners, managers and supervisors cannot share.[2]
Manager or supervisorNot allowedCannot receive employees’ pooled tips. Actual ownership and management duties determine the restriction.[2]
OwnerNot allowedCannot 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]
Pooling allowed
Yes.[2]

Court precedent

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
WhoBy %By pointsBy 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 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 for Full-service restaurants that tip out bussers, runners and bar backs

Run your own numbersPlug your staff and tips into the tip pooling calculator

08Service charges

Service charges vs tips in California

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
QuestionOptionalTipMandatoryService charge
Who sets the amountThe guestThe business
Who it belongs toThe worker it was left for, or the poolThe 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 poolYes. Amounts paid to staff are wages, not tips.[8]
How it's taxed (federal)Tip income the worker reportsRegular wages, with payroll taxes[44][45]
  1. 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.
  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]
  3. 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]

More on the difference: service charge vs tip.

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

  1. TonightGuest adds a tip On the card, at the table.
  2. CloseShift is tallied The pool is split by your rules.
  3. DeadlineCalifornia rule Credit-card gratuities: no later than next regular payday following patron authorization of credit-card payment.[2]
  4. 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 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 for Operators who want to stop the nightly cash run

Customer story: BJ's Restaurants
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 Restaurants
Read 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 notice Not 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)
Phone
833-526-4636[51]
Website
dir.ca.gov/dlse

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 ().

  1. ComingMinimum wage goes to $17.40 (General statewide minimum wage, all employer sizes).[3]
  2. ChangedDepartment of Finance certified $17.40 effective January 1, 2027 for all employer sizes.[3]
  3. ChangedGeneral statewide minimum wage increased to $16.90 for all employer sizes.[1]
  4. 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
  • Cal. Lab. Code § 1182.12; 8 CCR 11000 general minimum wage
  • Cal. Lab. Code §§ 201,202,204,207 (paydays)
  • Cal. Lab. Code §§ 212,213 (payroll cards)
  • 8 CCR 11050 §§ 7–9 (records, losses, uniforms)

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]

  1. In effectMinimum wage hits $16.90 One statewide rate for every employer size.[1]
  2. In effectSB 648 takes effect Labor Code 351(b) now lets the Labor Commissioner investigate, cite or sue over taken or withheld tips.[54][55]
  3. In effect2027 rate certified The Department of Finance certified a 2.99 percent increase to $17.40.[3]
  4. ComingMinimum wage goes to $17.40 For 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]

The law decides who's in. Ferry runs the split.

See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own California setup.

14Sources

Sources for California tip laws

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.

  1. 1Minimum Wage Frequently Asked QuestionsCalifornia Department of Industrial Relations · Official source · Page updated · Checked Pinpoint: FAQ 4, learners paragraph; FAQ 6; FAQ 8www.dir.ca.gov/dlse/faq_minimumwage.htm
    What the source says

    “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.”

  2. 2Division of Labor Standards EnforcementCalifornia Department of Industrial Relations · Official source · Page updated · Checked Pinpoint: FAQ 4, chain of service; FAQ 6, facts-specific classification; Labor Code 351www.dir.ca.gov/dlse/faq_tipsandgratuities.htm
    What the source says

    “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.”

  3. 3Minimum Wage Increase, Director of Finance Determination and Certificationdof.ca.gov · Official source · Page updated · Checked Pinpoint: p. 1, final determination paragraphdof.ca.gov/media/docs/whats-new/Minimum-Wage-Increase-Notification-Governor-and-Legislative-Letter.pdf
    What the source says

    “the minimum wage shall increase by 2.99 percent to $17.40 per hour and shall be implemented for all employers on January 1, 2027.”

  4. 4Etheridge v. Reins International California, Inc., 172 Cal.App.4th 908 (2009)California Court of Appeal, archived official courtinfo.ca.gov PDF · Corroborating source · Page updated · Checked Pinpoint: p. 23, majority holding; kitchen/dishwasher facts pp. 2–3web.archive.org/web/20090411114934id_/http://www.courtinfo.ca.gov/opinions/documents/B205005.PDF
    What the source says

    “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.”

  5. 5California Code of Regulations, Title 8, Section 11050. Order Regulating Wages, Hours, and Working Conditions in the Public Housekeeping Industry.California Department of Industrial Relations · Official source · Checked Pinpoint: 8 CCR 11050, 9(A); 8 CCR 11050, 7(A); 8 CCR 11050, 7(C)www.dir.ca.gov/t8/11050.html
    What the source says

    “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.”

  6. 6O’Grady v. Merchant Exchange Productions, Inc., 41 Cal.App.5th 771 (2019), A148513courts.ca.gov · Corroborating source · Page updated · Checked Pinpoint: p. 15, quoted Searle rule; p. 1, holdingwww.courts.ca.gov/opinions/archive/A148513.PDF
    What the source says

    “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.”

  7. 7DLSE Opinion Letter July 7, 2008: Payroll/Debit Cards and Payment of WagesCalifornia Department of Industrial Relations · Official source · Page updated · Checked Pinpoint: p. 9, first paragraph; p. 6, voluntary authorization discussionwww.dir.ca.gov/dlse/opinions/2008-07-07.pdf
    What the source says

    “the payroll card programs as described to DLSE do not violate the above stated wage payment provisions.”

    “provided that the employee has voluntarily authorized that deposit.”

    “The payroll card programs reviewed here, however, are described as providing for at least one transaction per pay period without fee.”

  8. 8Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Tip Credit, paragraph 2; Service chargeswww.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
    What the source says

    “An employer must pay a tipped worker at least $2.13 per hour under the FLSA.”

    “the federal minimum wage, which is currently $7.25 per hour.”

    “The maximum tip credit that an employer can currently claim is $5.12 per hour: ($7.25 - $2.13 direct (or cash) wage = $5.12).”

  9. 9Fast Food Minimum Wage Frequently Asked QuestionsCalifornia Department of Industrial Relations · Official source · Checked Pinpoint: FAQ minimum wage question; Coverage question, chain-count bullet; Exempt establishments question, bakery bulletwww.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm
    What the source says

    “$20.00 per hour.”

    “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.”

  10. 10LAhotel 2026 chartwagesla.lacity.gov · Official source · Page updated · Checked Pinpoint: p. 1, wage chart; p. 1 health benefit footnotewagesla.lacity.gov/sites/g/files/wph1941/files/2026-06/2026%20CHMWO%20Wage%20Chart%20wHB%20Rev05-27-26.pdf
    What the source says

    “July 1, 2026 – June 30, 2027 $25.00 per hour $4.25 per hour July 1, 2027 – June 30, 2028 $25.50 per hour $6.00 per hour”

    “If the Hotel Employer does not provide health benefits, the payment shall be paid as an additional hourly wage to the Hotel Worker.”

  11. 11santamonica.gov - Minimum Wagesantamonica.gov · Official source · Checked Pinpoint: hotel minimum wage paragraph; minimum wage openingwww.santamonica.gov/minimum-wage
    What the source says

    “$22.50 effective September 8, 2025 and will increase to $25.00 per hour effective July 1, 2026.”

    “will increase to $18.47 per hour effective July 1, 2026.”

  12. 12Download Minimum Wage and Hotel Wage PostersCity of Oakland, CA · Official source · Checked Pinpoint: Updates, Measure Z; Updates, Measure FFwww.oaklandca.gov/documents/oaklands-minimum-wage-posters
    What the source says

    “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.”

  13. 13Oakland 2026 hotel minimum wage official posteroaklandca.gov · Official source · Page updated 2026 · Checked Pinpoint: p. 1 health benefit definition; p. 1 coverage; p. 1 employee coveragewww.oaklandca.gov/files/assets/city/v/1/workplace-employment-standards/documents/download-posters/posters-2026/hotel_measure_z_english_poster_set_2026.pdf
    What the source says

    “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.”

  14. 14Hospitality Minimum Wage OrdinanceCity of San Diego Official Website · Official source · Checked Pinpoint: Hospitality Minimum Wage Rates, 2026 rowwww.sandiego.gov/labor-and-wage/minimum-wage/hospitality
    What the source says

    “July 1, 2026 $19.00 per hour $21.06 per hour July 1, 2027 $20.50 per hour $22.00 per hour”

  15. 15Long Beach Measure RW: Hotel Worker Minimum Compensation Ordinancelongbeach.gov · Official source · Checked Pinpoint: § 5.48.020(A)(3), p. 1; § 5.48.020, service-charge allocation subsectionwww.longbeach.gov/globalassets/city-clerk/media-library/documents/elections/2024/ballot-measures/measure-rw-ordinance
    What the source says

    “On July 1, 2026, twenty-six dollars and fifty cents ($26.50) per hour.”

    “Service charges collected for room service shall be paid to the hotel worker(s) who actually deliver food and beverage associated with the charge;”

  16. 16Minimum Wage Ordinance - City of Emeryville, CAemeryville.org · Official source · Checked Pinpoint: Annual Minimum Wage Increases, 2026 table row; Hospitality Service Charge paragraphwww.emeryville.org/Services/Business/Labor-Standards/Minimum-Wage-Ordinance
    What the source says

    “July 1, 2026 $20.34 (CPI) (all businesses)”

    “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.”

  17. 17Workforce Standards and EnforcementCity of Berkeley · Official source · Checked Pinpoint: Minimum Wage Ordinance subsectionberkeleyca.gov/doing-business/operating-berkeley/workforce-standards-and-enforcement
    What the source says

    “$19.61/hour: Effective July 1, 2026”

  18. 18Historical San Francisco Minimum Wage Rates 2026, SF OLSEmedia.api.sf.gov · Official source · Checked media.api.sf.gov/documents/2026_Historical_San_Francisco_Minimum_Wage_Rates_M9ynRNo.pdf
    What the source says

    “July 1, 2026: $19.61 per hour”

  19. 19Richmond Minimum Wage Ordinanceci.richmond.ca.us · Official source · Checked Pinpoint: rate-history table, 2026 rowwww.ci.richmond.ca.us/2615/Minimum-Wage-Ordinance
    What the source says

    “January 1, 2026 | $19.18 per hour”

  20. 20County of San Mateo 2026 City and County Minimum Wage Reference Chartsmcgov.org · Official source · Checked Pinpoint: p. 1, 2026 minimum wage reference chart; p. 1, 2026 chartwww.smcgov.org/media/155143/download?attachment=
    What the source says

    “Belmont $18.95”

    “East Palo Alto $17.90”

    “Half Moon Bay $17.91”

  21. 21El Cerrito business licenses current updateselcerrito.gov · Official source · Page updated 2026–2027 · Checked www.elcerrito.gov/151/Business-Licenses
    What the source says

    “Effective January 1, 2026, the City of El Cerrito's Minimum Wage is $18.82/hour.”

  22. 22El Cerrito minimum wage standardselcerrito.gov · Official source · Checked Pinpoint: 2027 minimum wage announcementwww.elcerrito.gov/minimumwage
    What the source says

    “$19.36”

  23. 23Cupertino Minimum Wage Cupertino CAcupertino.org · Official source · Checked Pinpoint: opening paragraphwww.cupertino.org/our-city/city-news/cupertino-minimum-wage
    What the source says

    “The Cupertino Minimum Wage will increase from $18.70 to $19.25 per hour effective January 1, 2027.”

  24. 24Minimum Wage – City of Palo Alto, CAcityofpaloalto.org · Official source · Checked Pinpoint: FAQ: What is the City of Palo Alto Minimum Wage Ordinance?; 2027 rate announcementwww.cityofpaloalto.org/Business/Business-Resources/Minimum-Wage
    What the source says

    “The City’s minimum wage is $18.70 per hour as of January 1, 2026.”

    “$19.25”

  25. 25City of San Mateo Minimum Wage Ordinancecityofsanmateo.org · Official source · Checked Pinpoint: opening paragraphwww.cityofsanmateo.org/3278/Minimum-Wage
    What the source says

    “As of January 1, 2026, the minimum wage for the City of San Mateo is $18.60 per hour for all employees.”

  26. 26Pasadena minimum wage announcementcityofpasadena.net · Corroborating source · Page updated · Checked Pinpoint: opening paragraphwww.cityofpasadena.net/city-manager/news/pasadenas-minimum-wage-rate-increases-to-18-57-effective-july-1-2026
    What the source says

    “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.”

  27. 27Minimum Wage, City of Milpitasmilpitas.gov · Official source · Checked Pinpoint: opening paragraphwww.milpitas.gov/688/Minimum-Wage
    What the source says

    “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.”

  28. 28County of Los Angeles minimum wage notice 2026-2027dcba.lacounty.gov · Official source · Checked dcba.lacounty.gov/wp-content/uploads/2026/03/OLE_Minimum-Wage-Poster_July-1-2026_June-30-2027_Print.pdf
    What the source says

    “JULY 1, 2026* $18.47”

  29. 29Sonoma Minimum Wage - City of Sonomasonomacity.org · Official source · Checked Pinpoint: 2026 Sonoma Minimum Wage openingwww.sonomacity.org/wages
    What the source says

    “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).”

  30. 30Office of Wage StandardsWages LA · Official source · Checked Pinpoint: 2026 Minimum Wage notice/rate tablewagesla.lacity.org
    What the source says

    “July 1, 2026 $18.42”

  31. 31Petaluma 2026 official minimum wage noticestorage.googleapis.com · Official source · Page updated 2026 · Checked Pinpoint: p. 1 effective rate; p. 1, learner ages 14–17/first 160 hours contextstorage.googleapis.com/proudcity/petalumaca/2025/10/385b2228-petaluma-min-wage-2026-letter-eng_span.pdf
    What the source says

    “Effective January 1, 2026, the minimum wage within the Petaluma city limits is $18.31 per hour.”

    “The learners wage is $15.56 per hour.”

  32. 32Minimum Wage, City of Santa Rosasrcity.org · Official source · Checked Pinpoint: rate/timeline tablewww.srcity.org/3164/Minimum-Wage
    What the source says

    “Jan. 1, 2026 | $18.21 | $16.90 Jan. 1, 2027 | $18.83 | $17.40*”

  33. 33San Mateo County Minimum Wage InformationCounty of San Mateo, CA · Official source · Checked Pinpoint: opening paragraph; 2027 rate noticewww.smcgov.org/ceo/minimum-wage-increase-unincorporated-areas
    What the source says

    “Workers must earn at least $17.95 an hour in unincorporated San Mateo County as of January 1, 2026.”

    “Starting 1/1/2027, the minimum wage in the unincorporated areas of the County will increase to $18.58 per hour.”

  34. 34Minimum Wage, City of Malibumalibucity.org · Official source · Checked Pinpoint: CPI and July minimum wage increase determined for 2026malibucity.org/793/Minimum-Wage
    What the source says

    “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.”

  35. 35Minimum Wage Information, City of Burlingameburlingame.org · Official source · Checked Pinpoint: Local Minimum Wage Implementation Timeline, 2026 rowburlingame.org/307/Minimum-Wage-Information
    What the source says

    “January 1, 2026 | $17.43 plus 2025 CPI for a total for $17.86 January 1, 2027 | $17.86 plus 2026 CPI for a total of $18.47.”

  36. 36City of Foster City Minimum Wage OrdinanceFoster City, CA · Official source · Checked Pinpoint: Citywide Minimum Wage schedulewww.fostercity.org/citymanager/page/city-foster-city-minimum-wage-ordinance
    What the source says

    “January 1, 2026 $17.85 January 1, 2027 $18.36”

  37. 37Local Minimum WageCity of Hayward - Official website · Official source · Checked Pinpoint: minimum wage schedule 2026 rowwww.hayward-ca.gov/local-minimum-wage
    What the source says

    “January 1, 2026 $16.90 $17.79 January 1, 2027 $17.40 $18.39”

  38. 38Minimum Wage*City of Alameda · Official source · Checked www.alamedaca.gov/Departments/Community-Development/Minimum-Wage
    What the source says

    “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 .”

  39. 39San Carlos, CAcityofsancarlos.org · Official source · Checked Pinpoint: minimum wage schedule 2026 rowwww.cityofsancarlos.org/business/minimum-wage
    What the source says

    “January 1, 2026 $17.75 / hour January 1, 2027 $18.35/ hour”

  40. 40Earned Sick Leave and Minimum Wage OrdinanceCity of San Diego Official Website · Official source · Checked Pinpoint: Minimum Wage rate tablewww.sandiego.gov/labor-and-wage/minimum-wage/earned-sick-leave
    What the source says

    “January 1, 2026 $17.75 January 1, 2027 $18.35”

  41. 41Local minimum wage ordinance City of Menlo Parkmenlopark.gov · Official source · Checked Pinpoint: Local minimum wage increases to 17.55 for 2026menlopark.gov/Government/Departments/City-Managers-Office/Economic-development/Local-minimum-wage-ordinance
    What the source says

    “On Jan. 1, 2026, the local minimum wage in Menlo Park increased by $0.45 to $17.55 per hour.”

  42. 42Minimum Wage, City of Daly Citydalycity.org · Official source · Checked Pinpoint: schedule, 2026 rowdalycity.org/388/Minimum-Wage
    What the source says

    “January 1, 2026 | $17.50 per hour January 1, 2027 | $18.10 per hour”

  43. 43DLSE Opinion 2005.09.08, mandatory tip poolingCalifornia Department of Industrial Relations · Official source · Page updated · Checked Pinpoint: p. 2, fact-specific 15% example, not universal capwww.dir.ca.gov/dlse/opinions/2005-09-08.pdf
    What the source says

    “The tip pool policy in question herein provides that the employee receiving the tip contribute 15% of the actual tips to the tip pool.”

  44. 44Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
    What the source says

    “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.”

  45. 45Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
    What the source says

    “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.”

    “Rev. Rul. 2012-18”

  46. 46Santa Monica Municipal Code 4.62ecode360.com · Official source · Checked Pinpoint: 4.62.040(b)ecode360.com/42728149
    What the source says

    “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”

  47. 47Paydays, pay periods, and the final wagesCalifornia Department of Industrial Relations · Official source · Checked Pinpoint: opening paragraphs; Labor Code 204/207; opening final-wages paragraphs; Labor Code 201/202; opening paydays discussionwww.dir.ca.gov/dlse/faq_paydays.htm
    What the source says

    “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.”

  48. 48What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: Payroll card alternativewww.consumerfinance.gov/ask-cfpb/what-is-a-payroll-card-en-401
    What the source says

    “Your employer has to offer you at least one alternative to a payroll card.”

  49. 49ICYMI: California’s minimum wage set to increase to $17.40 per hour on January 1, 2027California Department of Industrial Relations · Corroborating source · Page updated · Checked Pinpoint: workplace posting paragraphwww.dir.ca.gov/DIRNews/2026/2026-66.html
    What the source says

    “Employers must post the statewide minimum wage order and the industry-specific wage order applicable to their workplace in an area accessible to employees.”

  50. 50Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
    What the source says

    “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,”

  51. 51Division of Labor Standards Enforcement - District officesCalifornia Department of Industrial Relations · Official source · Checked Pinpoint: language-services table, wages/breaks/retaliation/labor lawswww.dir.ca.gov/dlse/DistrictOffices.htm
    What the source says

    “833-526-4636”

  52. 52US DOL Fact Sheet 77A retaliationU.S. Department of Labor · Official source · Checked Pinpoint: Coveragewww.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation
    What the source says

    “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.”

  53. 53California Labor Code section 354, official Legislature archiveInternet Archive · Official source · Page updated · Checked Pinpoint: Labor Code 354web.archive.org/web/20250413225822id_/https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=354.&lawCode=LAB
    What the source says

    “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.”

  54. 54Summary of Chaptered and Vetoed Legislation 2025, Senate Office of Floor Analysessfa.senate.ca.gov · Official source · Page updated · Checked Pinpoint: p. 144, SB 648, Chapter 93 enacted summarysfa.senate.ca.gov/system/files/2025-12/digest_2025.pdf
    What the source says

    “This bill authorizes the Labor Commissioner to investigate and issue a citation”

    “civil action to recover gratuities taken or withheld from workers in violation of existing law.”

  55. 552025 Summary of Court-Related Legislation, Judicial Council of CaliforniaJudicial Council of California · Official source · Page updated 2025 · Checked Pinpoint: p. 54, Chapter 93, Effective Date January 1, 2026courts.ca.gov/system/files/file/2025-summary-final.pdf
    What the source says

    “SB 648 (Smallwood-Cuevas), CH. 93 Effective Date: January 1, 2026 Employment: gratuities: enforcement”

15Methodology

How we research these pages

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. 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. 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. 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. 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

  1. 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 .

Changes to the law itself are listed in What changed and what's coming.

16Every state

Tip laws in every state

Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.