Employer Barring Specific Employee From Tip Pool

So I work at a retail pizza place in California. Our insiders are normally part of an involuntary tip pool- they get a share of carryout credit card tips that were collected while they were on shift, and a split of the communal cash bucket when they clock out or they break down the store, whichever comes first.

But we got this new kid, who's technically working for a school work program, who's paying his wages rather than us. So my boss, the owner-operator, decides this means he can be excluded from the tip pool.

The state labor code isn't explicit but a state website explains that precedent is established such that involuntary pools are allowed, but they must be fair, going to all employees in the 'chain of service'.

So is my read on this right and I need to convince my boss he's in the wrong, or is this murky and I need to talk to the local labor board?