This section prohibits an employer from withholding tips unless the tips are redistributed in a tip pool. Employers may not share in tips unless they do similar work to the employees who receive the tips.
Text of Legislation
Gratuities
30.3 (1) An employer must not
(a) withhold gratuities from an employee,
(b) make a deduction from an employee's gratuities, or
(c) require an employee to return or give the employee's gratuities to the employer.
(2) Subsection (1) does not apply if an employer is authorized or required under a law of British Columbia or Canada or by a court to withhold gratuities from an employee, make a deduction from an employee's gratuities or require an employee to return or give the employee's gratuities to the employer.
(3) Subsection (2) does not apply if the law or court requires the employer to remit the gratuities to a third party and the employer fails to do so.
(4) If an employer contravenes subsection (1), the amount withheld or deducted from the employee or required to be returned or given by the employee to the employer is a debt due to the employee and may be collected by the director in the same manner as wages.