    
george
New member
Username: george
Post Number: 340
Registered: 05-2003
Rating: N/A
Votes: 0 | | Posted on Friday, December 31, 2004 - 11:44 am: | |
Californialaw. While you are really making a great effort to address this problem you are failing to see the most clear provable offence which is aginst the customer. While Calififornia along with many other states are writing laws which state and imply that tips are intended for those who serve the customer or provide direct service to the customer they are violating the 14th amendement of our Constitution which provides that no state shall pass any law which deprives any person of liberty. The states that have passsed laws based on case law which suggests that tips are the sole property of those who serve the customer are denying the public of their right to determine who tips are intended for. When the courts suggest that employers may share tips among all those workers who the courts feel the customer intended to tip and states write laws which state that employer required tip pooling is permisable based on these judgements these staes are in fact writing laws which deny customers their right to determine who their tip is intended for. Can you not see the problem?
While you may spend years attempting to prove some offence by employers against their employees, the offence being committed against customers due to state allowed employer required tip pooling is undeniable and easily provable.
When a state enacts laws which allow employers a legal ability to take tips away from one employee so that they may be given to another, the state is implying that there is an entitlement on the part of the other employee being given part of the tips presented. That state by determining an entitlement of the customers tip is denying customers their constitutional right to determine who should be legally entitled to their tip. Customer are denied their right to give tips to an individual in California for clearly an employer is allowed by state law to deny the customer such rights and may take the tip away from the intended recipeint so that it may be shared among those who the court has determined are legally entitled to such moneys.
This is the issue which should be addressed. California and many other states have made it clear that these laws were passed for concern of the public and yet they injure the public by stripping them of their constitutional rights. |