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Re: Starbuck's calsss action lawsuit.

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  • George
    While California law is said to expressly allow tip-pooling, there are two differing interpretations of what tip pooling actually is. The correct
    Message 1 of 3 , Jul 4, 2006
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      While California law is said to expressly allow tip-pooling,
      there are two differing interpretations of what tip pooling
      actually is. The correct interpretation is that tip pooling
      is an employee's constitutional right to share his property
      with other workers of his choosing. The incorrect
      interpretation of tip pooling is that is the business's
      right to share the consumer's tip with workers who the state
      of California is authorized to determine are entitled to the
      consumer's tip. Now, I don't think anyone would disagree with
      me that it is, and should be, the right of the consumer to
      determine who should receive his tip, not the state of
      California's right nore any state's right.

      Who ever is behind the deceptive conclusion that California
      state law expressly allows employer mandated tip pooling is
      either clearly mistaken or is blatantly lying, for while
      state law may allow voluntary tip pooling, allowing employer
      mandated tip pooling would not only deprive consumers of
      their liberty to determine for themselves who should receive
      their tip, it would also abridge the privileges or immunities
      of citizens of California.

      By incorrectly interpreting section 351 of California's labor
      code as allowing employers to mandate that the consumers tip
      will be shared among a group of workers, California is
      forcing it's courts to determine for the consumer who should
      receive his tip and, in doing so, are depriving the citizens
      of the state of California their constitutional right to
      determine such matters for themselves.

      In the meantime employers are getting away with stealing tips
      from the workers who actually receive tips from consumers.
      I believe California is aiding and abetting business owners
      in the theft of billions of dollars in tips individual workers
      have received from the public by interpreting their laws as
      laws which allow employers to take the tips consumers have
      bestowed on individual workers so that they may be shared with
      the workers who the state of California fraudulently deems are
      legally entitled to the consumer's tip.

      Only the consumer has a right to determine who is legally
      entitled to the tip he presents. As such, California has no
      authority to determine who may share in the consumer's tip,
      and as such, California law cannot expressly allow employers
      to mandate that tips must be pooled, for such would
      necessitate California violating the privileges and
      immunities of citizens of California by depriving the citizens
      of California of their constitutional right to determine for
      themselves how their money is spent.

      Please see,
      Dunahoo v. Huber, 185 Iowa 753 (1919) (statute violates the
      state privileges & immunities clause because there was no
      reasonable grounds for allowing employers to accept tips and
      prohibitting employees from accepting tips when "engaged in
      like services".") Ex Parte Farb, 178 Cal. 592 (1918) (statute
      violates the due process provisions of the U.S. Constitution
      and the freedom of contract provision of the California
      constitution). Anti-tipping statutes were repealed in
      Arkansas, Mississippi, South Carolina and Tennessee in 1925,
      1926, 1922, and 1925, respectively.

      It should also stand to reason that laws which deem the
      consumer's tip to be property of a group of workers would
      be laws which violate the state privileges & immunities
      clause because there is no reasonable grounds for allowing
      a group of workers to accept tips and prohibitting
      individual employees from accepting tips when "engaged in
      like services.
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