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Is it illegal for me to serve and accept tips as an owner??

dineanddrink | Dec 23, 201506:33 PM     42

Hello folks, I own a small restaurant in California where I serve up front and my husband runs the kitchen and brother helps wherever is needed. We have been opened for a year and we do accept tips. I am talking about a ten tables restaurant. Recently we have gotten busier so I hired a busboy where he helps me clean tables and runs foods and I will be taking orders, serving drinks, serving food and prebus. Two people in the front is always sufficient. He has been working with me for two months and recently he has been helping me take orders from the regulars if he sees I am busy assisting other tables. Whenever we work I give him 25% of the total tips and let him keep the tips from the tables he served. Last week he mentioned to me that i cannot be keeping any of the tips because I am the owner. Does this mean I must give him all the tips even though I served the tables? Thank you for all answers.

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