According to CA Labor Code, a restaurant or bar can charge something called a "mandatory service charge" which is defined as "an amount that a patron is required to pay based on a contractual agreement or a specified required service amount listed on the menu of an establishment." This service charge is NOT considered a gratuity or tip.

In Samiento v. World Yacht, Inc., 2008 WL 382346 (Feb. 14, 2008), the NY Court of Appeals found that mandatory service charges, previously excluded from gratuity treatment may now be considered a gratuity and should not be retained by employers.

My question is whether mandatory service charges listed as "service charge" or "service commission" are fees which an employer can retain (in CA)? If they can be retained, are there any rules or guidelines an establishment must follow in order to make a patron aware the "service charge" is not the gratuity?

Thanks so much!!!

I work 12 hour shifts, as a non- exempt employee. I am supposedly paid overtime based on 8 hours in a day or 80 hours in a two week pay period. Today I found out, that, though I work 7 days, (84 hours) because I work 12's, I make 56 hours straight time and 28 Hours overtime. The over time doesn't count towards the full 80 hours. So to reach 80 hours, I must work 10 12 hour days. I was lead to believe that the 80 hours didn't matter if some was overtime or straight, it was hours worked. So just wanted to know what the state mandated. I am in california

Summons for copyright infringement out of state, pirated dvd sales over the internet. From research it appears others have been summoned at the same time for the same complaint. Demand for jury trial.

Do I contact the plaintiff attorneys myself to see what they want in terms of settlement? Is it better to fight this with an attorney, have them work on settlement, etc? What is the possible damages to be awarded? They list 10 infringing movies claimed to have been sold.

From research it appears other people in the past have not replied to summons and had default judgments awarded. Would appreciate any advice, definitely interested in more private consultation for a fee.

Will a collection agency settle with me after 6 years which is now a judgement