However, there are instances where an employer can deduct pay, such as when a salaried worker misses a full workday for personal reasons other than being injured or sick. Example: A chain coffee shop has a tip jar by the cash register. As businesses continue to evaluate what their workforce needs in an employee-centric tomorrow, the need for strategic human resource management grows. Under the FLSA, employers can pay tipped workers as littleas $2.13 an hour if those workers earn at least the standard minimum wage of $7.25 an hour once their tips are added in. Under the FLSA, they must be paid overtime and it would be illegal to offer comp time instead. Photo Credit: VitaliiVodolazskyi/www.shutterstock.com. Below, our California labor and employment lawyers answer the following top five questions about California tip laws: Under California Labor Code 351 LC, tips are the property of the employee they are paid to or left for. Hourly employees must be paid overtime at the rate of the 150% of their usual hourly rate when they work more than 40 hours in a week. Yes Salary employee can receive tips. Under the CMP final rule, which became effective on November 23, 2021, the Department: 3.