Phone Sex Company Deducting Tips

[CatPurr]

What is the name of your state (only U.S. law)? California


Hi- I posted this in the Employment & Labor Law Forum, but was told I should post it in this category instead, as I am an independent contractor.

First, let me introduce myself. My name is Cat. I'm from Woodland Hills, CA (outside of L.A.). I know that this may sound a bit strange, but I work part time from home, as a phone sex operator (hey, it's decent extra money and never a dull moment!) I have been doing this for the past 4 1/2 months. I am not considered an employee, but an Independent Contractor. The company I work for is based in CA as well, under the name Antena. They are what is called a "Dispatch Company", meaning they have their own website which we set up a charachter on, and the customer calls the company, requests to talk to the person they are interested in, and they send the call to us. The pay isn't that great- the customer pays in 15 minute blocks of time for around $18.00, and we get paid either $4.00 or $ 5.00 depending on if it's a repeat caller or not. However, the customer is allowed to tip. To be able to receive tips, you have to have taken at least $300.00 worth of calls for the company the prior month for the tip prompt to be turned on. I think that's kind of bogus to begin with, but whatever. This is the first month I have been able to receive tips. I have one caller who tipped me big. We are able to view our transaction statement online to see how much money we've made. Today, when viewing, I noticed that a large portion of my tips were deducted. I called up the main office and asked what was going on. She informed me that if we made over $100.00 in tips, 20% of that was deducted and goes directly to the company. I was really shocked when I heard this. The company makes SO much money off us per call as it is, and they take a portion of tips as well?!?! I was wondering if anyone knew if this was legal or not. I don't know how much laws would differ seeing as I'm considered an independent contractor, but still, this just doesn't seem right. If anyone knows, or could point me in the right direction to finding an answer, it would be much appreciated. Thanks!

-Cat

[Blue Meanie]

Delete your other thread...or lock it.

[HomeGuru]

Originally Posted by CatPurr

What is the name of your state (only U.S. law)? California


Hi- I posted this in the Employment & Labor Law Forum, but was told I should post it in this category instead, as I am an independent contractor.

First, let me introduce myself. My name is Cat. I'm from Woodland Hills, CA (outside of L.A.). I know that this may sound a bit strange, but I work part time from home, as a phone sex operator (hey, it's decent extra money and never a dull moment!) I have been doing this for the past 4 1/2 months. I am not considered an employee, but an Independent Contractor. The company I work for is based in CA as well, under the name Antena. They are what is called a "Dispatch Company", meaning they have their own website which we set up a charachter on, and the customer calls the company, requests to talk to the person they are interested in, and they send the call to us. The pay isn't that great- the customer pays in 15 minute blocks of time for around $18.00, and we get paid either $4.00 or $ 5.00 depending on if it's a repeat caller or not. However, the customer is allowed to tip. To be able to receive tips, you have to have taken at least $300.00 worth of calls for the company the prior month for the tip prompt to be turned on. I think that's kind of bogus to begin with, but whatever. This is the first month I have been able to receive tips. I have one caller who tipped me big. We are able to view our transaction statement online to see how much money we've made. Today, when viewing, I noticed that a large portion of my tips were deducted. I called up the main office and asked what was going on. She informed me that if we made over $100.00 in tips, 20% of that was deducted and goes directly to the company. I was really shocked when I heard this. The company makes SO much money off us per call as it is, and they take a portion of tips as well?!?! I was wondering if anyone knew if this was legal or not. I don't know how much laws would differ seeing as I'm considered an independent contractor, but still, this just doesn't seem right. If anyone knows, or could point me in the right direction to finding an answer, it would be much appreciated. Thanks!

-Cat

**A: Hmm, It appears that the company is free to change the rules at any time. Did you sign any written contract?

[mmmagique]

Some companies take up to 50% if you are tipped over $100. at a time. (I'm not sure why)

My advice to you is to join psodivas, and psosupport and ask your question there.

You will also be able to find better companies to work for!!

~Christina

[CaAtty]

Under CA law, Labor Code Secs. 350-354, employers cannot take any portion of a tip paid to an employee.

Now, they will argue that because you're an independent contractor, these laws do not apply.

This is an open question in CA. However the Mass Supreme Court just ruled that their tip law applies to independent contractors as well as employees. There's no CA case on this topic yet -- though I suspect you could easily find an attorney who is willing to take that issue on.

Also, you can go to the CA Labor Commissioner's office in your area, for free, for advice on this.

[Zigner]

Originally Posted by CaAtty

Under CA law, Labor Code Secs. 350-354, employers cannot take any portion of a tip paid to an employee.

Now, they will argue that because you're an independent contractor, these laws do not apply.

This is an open question in CA. However the Mass Supreme Court just ruled that their tip law applies to independent contractors as well as employees. There's no CA case on this topic yet -- though I suspect you could easily find an attorney who is willing to take that issue on.

Also, you can go to the CA Labor Commissioner's office in your area, for free, for advice on this.

This thread is over 6 months old. Don't necropost.

[Antigone*of*Greece]

Originally Posted by Zigner

This thread is over 6 months old. Don't necropost.

duh... I thought this one sounded way to familiar

[CaAtty]

Just, thought it would be helpful info for the person who asked the question. If they're still taking her tips 6 months later, I bet it's not old news to her.

[IsabellaSoriano]

Originally Posted by CaAtty

Just, thought it would be helpful info for the person who asked the question. If they're still taking her tips 6 months later, I bet it's not old news to her.

and if she hasn't logged on since......


Last Activity: 04-24-2009 07:29 AM



then what?

[Zigner]

Originally Posted by CaAtty

Just, thought it would be helpful info for the person who asked the question. If they're still taking her tips 6 months later, I bet it's not old news to her.

And I think mentioning MA law to a CA poster is doing a disservice. But you didn't hear me saying that, did you?

[CaAtty]

Look, found her question online in the midst of research, and signed up for this free advice thing because I had a helpful answer.

On the other hand, it's there's a bunch of hall monitors simply lurking around to enforce some arbitrary rules, then nevermind. Not worth my "free" time.

[IsabellaSoriano]

Originally Posted by CaAtty

Look, found her question online in the midst of research, and signed up for this free advice thing because I had a helpful answer.

On the other hand, it's there's a bunch of hall monitors simply lurking around to enforce some arbitrary rules, then nevermind. Not worth my "free" time.

don't forget your refund.

[CaAtty]

Since it's an UNSETTLED question under CA law, and CA courts often look to other jurisdictions.

[CaAtty]

Don't forget to collect your gold star for being top hall monitor.

[IsabellaSoriano]

Originally Posted by CaAtty

Don't forget to collect your gold star for being top hall monitor.

we don't give out gold stars.


we serve drinks.


OOooO doggie!!!!!