Wage Theft + Tip Skimming & More
I am reposting this here because I received comments regarding my grammar in another thread rather than actual advice. Hopefully, this version is acceptable.
Location: California
I am a 24-year-old cashier at a high-volume fast-casual restaurant. I typically worked three days a week, exactly 6 hours per shift. However, I was forced to clock out right before the 6-hour mark because the owner refused to provide a 30-minute meal break. After clocking out, I was required to count my tips and finish closing tasks off the clock.
• Restroom & Break Deprivation: He highly discouraged bathroom breaks, stating he "didn't like the idea of us using the bathroom on company time" because a previous employee "abused the privilege." Coworkers have confirmed they haven't received even a 10-minute break in days. When he does provide them, it’s with a condescending tone: "Let me make sure you get this break."
• Tip Skimming & Lack of Transparency: As a former bartender, the math doesn't add up. We are extremely high-volume, especially on my Friday/Saturday shifts. We easily bring in $180–$300 in CC tips nightly, yet I receive only a tiny fraction. Tips are added to my hourly pay on my stub to be taxed, but he has never provided a tip distribution log or explained the POS calculations.
(We are forced to split cash tips 50/50 with three cooks, but I suspect the owner is keeping the majority of CC tips, DoorDash tips, and service fees)
Waiting Time Penalties: I have still not received my final check. Since I was let go, California law required my immediate payment.
I have already filed a claim with the Labor Commissioner. Does anyone have advice on how to handle a boss who tries to "reassign" you to force a resignation, or how to ensure the POS records are subpoenaed to find the missing tips?
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