I am getting sick of this tipping entitlement...

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Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
No. The restaurant would pay them for that week then can them.

I can c/p numerous articles where waiters have successfully sued their employers for unfair wage practices.

Whether or not the employees would bother with such an effort is an entirely different issue.
 

TallBill

Lifer
Apr 29, 2001
46,017
62
91
why would you tip 100%? I'd agree with never going back, and even tipping the standard 15-20%, but 100% would just reinforce their crappy service and then some.

Because I work in the industry and know lots of people in the industry. I had just met the bartender that served me last night like a few days before that, so you'd think that she wouldn't take 30 minutes to run my card. Turns out that I tip in the 40-100% range anyways, so I leave a monster tip and then never go back. Kinda like, fuck you, you're gonna miss out on future money.
 

Rakewell

Platinum Member
Feb 2, 2005
2,418
1
76
Are you serious? After all these tipping threads, people still keep clinging to this misinformation?

WATIERS DO NOT MAKE $2-$3 PER HOUR. IF THEY DO NOT MAKE ENOUGH IN TIPS TO PUT THEM OVER STANDARD MINIMUM WAGE, THE RESTURANT HAS TO MAKE UP THE DIFFERENCE.

NO WAITER MAKES LESS THAN 7.25 OR WHATEVER MINIMUM WAGE IS

MANY WAITERS MAKE $8-$12 PER HOUR PLUS TIPS

Please provide a link to support your large, red argument.

Specifically one where the employer compensates a waiter when they don't make a certain amount of tips.

Also, one where there is $12 per hour state minimum. or $11. or even $10.

Whether you want to believe it or not, waiters depend on their tips for survival. Even if it was minimum wage ($7.25) it still doesn't offset the high cost of living in this country.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
Please provide a link to support your large, red argument.

boom.

Employers electing to use the tip credit provision must be able to show that tipped employees receive at least
the minimum wage when direct (or cash) wages and the tip credit amount are combined. If an employee’s tips
combined with the employer’s direct (or cash) wages of at least $2.13 per hour do not equal the minimum
hourly wage of $7.25 per hour, the employer must make up the difference.

http://www.dol.gov/whd/regs/compliance/whdfs15.pdf
 

Vic Vega

Diamond Member
Sep 24, 2010
4,535
4
0
Please provide a link to support your large, red argument.

Specifically one where the employer compensates a waiter when they don't make a certain amount of tips.

Also, one where there is $12 per hour state minimum. or $11. or even $10.

Whether you want to believe it or not, waiters depend on their tips for survival. Even if it was minimum wage ($7.25) it still doesn't offset the high cost of living in this country.

It's called the law you idiot and anyone who has ever been the restaurant business knows this. What, you didn't think the minimum wage law applied? If it were so easy to get around everyone business owner would do it.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Please provide a link to support your large, red argument.

Specifically one where the employer compensates a waiter when they don't make a certain amount of tips.

Also, one where there is $12 per hour state minimum. or $11. or even $10.

Whether you want to believe it or not, waiters depend on their tips for survival. Even if it was minimum wage ($7.25) it still doesn't offset the high cost of living in this country.

Really? Is the federal government authoritative enough for you?
http://www.dol.gov/elaws/faq/esa/flsa/002.htm
What is the minimum wage for workers who receive tips?
The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.
Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions which provides the greater benefits.
As for states, I don't believe that he was saying that anywhere has a $12/hr MINIMUM wage for tipped employees, just that some tipped employees in places like San Fran will have a $12/hr base salary (above minimum wage).

As for state minimum wages for tipped employees, Washington state is the highest at $9/hr:
http://www.dol.gov/whd/state/tipped.htm

And as for cities, San Fran went to a minimum of $10.24/hr this year, which includes tipped employees:
http://www.minimum-wage.org/states.asp?state=California
 

Rakewell

Platinum Member
Feb 2, 2005
2,418
1
76
It's called the law you idiot and anyone who has ever been the restaurant business knows this. What, you didn't think the minimum wage law applied? If it were so easy to get around everyone business owner would do it.

Whether you agree with me or not, I would appreciate you not turn to name-calling. This is a debate, not an argument.

Thanks.
 

Ashenor

Golden Member
May 9, 2012
1,227
0
0
See numerous posts above refuting this.

Which part of its what i make to bartend don't you realize? Someone that has actually done it for 20 years plus?

I would not do the job for min wage, i would however do it for the $40 a hour cash i make working 2 nights a week.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
Which part of its what i make to bartend don't you realize?

I'm not sure what you're getting at. You clearly make more than 7.25/hour after tips. If you were getting below 7.25/hour after tips your employer would have to make up the difference until you made 7.25/hour.

2.62/hour not found.
 

Rakewell

Platinum Member
Feb 2, 2005
2,418
1
76
Really? Is the federal government authoritative enough for you?
http://www.dol.gov/elaws/faq/esa/flsa/002.htm
As for states, I don't believe that he was saying that anywhere has a $12/hr MINIMUM wage for tipped employees, just that some tipped employees in places like San Fran will have a $12/hr base salary (above minimum wage).

As for state minimum wages for tipped employees, Washington state is the highest at $9/hr:
http://www.dol.gov/whd/state/tipped.htm

And as for cities, San Fran went to a minimum of $10.24/hr this year, which includes tipped employees:
http://www.minimum-wage.org/states.asp?state=California

It's good that California is doing this. Please be aware that there are 49 other states.

Look here:

http://www.minimum-wage.org/california-tipped-employee-minimum-wage

While the FLSA allows tipped employees in other states to be paid a cash minimum wage of $2.13 per hour as long as they earn at least the minimum wage in tips, California does not allow employers to pay tipped employees less then the minimum wage. All tipped workers in California, including waitresses, waiters, and bartenders, are entitled to the full California minimum wage of $8.00 per hour.

In most other states, employers are allowed to pay workers who earn over $30 in tips a month a special minimum wage of $2.13 (slightly higher in some states), but must pay more if they do not earn at least the minimum wage in tips in any given hour. Because California requires tipped employees to be paid at least $8.00 in addition to any tips they earn, tipped employees in California may earn significantly higher hourly compensation then employees working the same job in other states.

$30 dollars in tips a month. Sound like a lot to you? And if they make less than that, the employers are required to make up the difference.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
It's good that California is doing this. Please be aware that there are 49 other states.

those are federal laws. Do you know how to process this entire statement?

In most other states, employers are allowed to pay workers who earn over $30 in tips a month a special minimum wage of $2.13 (slightly higher in some states), but must pay more if they do not earn at least the minimum wage in tips in any given hour.

The employee will be paid a minimum of 7.25/hour no matter what based on federal laws. In CA, they get a double benefit and receive minimum wage + tips.


If you're saying that 7.25/hour is not a "living" wage then I agree with that statement. However, no employee is making less than 7.25/hour after tips based on federal laws.
 
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torpid

Lifer
Sep 14, 2003
11,631
11
76
You guys are confusing the law with what really happens. I know several people in the restaurant industry and it is VERY RARE for them to actually get the money made up in this manner. Many or most owners either don't know about it or don't care about it. Of the few people I have explicitly discussed the law with, only one person even knew that their employer was supposed to be doing this.

It will obviously vary by the restaurant and the worker but I never assume that they get minimum wage during slow times at most places.
 

Ashenor

Golden Member
May 9, 2012
1,227
0
0
I'm not sure what you're getting at. You clearly make more than 7.25/hour after tips. If you were getting below 7.25/hour after tips your employer would have to make up the difference until you made 7.25/hour.

2.62/hour not found.

A bit of a difference what i do is a skilled trade, most servers are not and the role can be filled by anyone.

Irregardless, i make over 7.25 a hour because of tips, like i said i actually owe 400-800 a year to work there based on the tips that are claimed by the owner on my sales, which is normally over 4,000 in liquor only sales in a 3.5 or so hour period.

That said its not that hard to budget in the tip for your server while you eat, tip 15% at least is that extra buck going to kill anyone? If so pack your lunch and save a ton vs going out. They work, trying to earn a buck but its up to you to help them get there. It's just the trade off in the service industry.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
You guys are confusing the law with what really happens. I know several people in the restaurant industry and it is VERY RARE for them to actually get the money made up in this manner. Many or most owners either don't know about it or don't care about it. Of the few people I have explicitly discussed the law with, only one person even knew that their employer was supposed to be doing this.

Which is why you sue sue sue.

Here's a small sampling:

http://waiterpay.com/tag/minimum-wage/

That said its not that hard to budget in the tip for your server while you eat, tip 15% at least is that extra buck going to kill anyone? If so pack your lunch and save a ton vs going out. They work, trying to earn a buck but its up to you to help them get there. It's just the trade off in the service industry.

I'm actually a former valet so I know how it goes. I tip fat for excellent service and won't hesitate to stiff for shitty service.
 

Rakewell

Platinum Member
Feb 2, 2005
2,418
1
76
those are federal laws. Do you know how to process this entire statement?



The employee will be paid a minimum of 7.25/hour no matter what based on federal laws. In CA, they get a double benefit and receive minimum wage + tips.


If you're saying that 7.25/hour is not a "living" wage then I agree with that statement. However, no employee is making less than 7.25/hour after tips based on federal laws.

Process what?

Did you read the bold portion of my quote? I'm speaking from the state level. $2.13 is federal, and states often raise that.

If a waiter is in a bracket where he is making more than $30 a month, but fails to make tips which bring up his salary to $7.25 one month (because assholes don't tip properly), the employer doesn't turn around and pay him more.

Is it written somewhere that the employer is to keep track of the employee's tips, in order to up his/her salary to compensate a bad week/month? Please point that out to me.

I've worked plenty as a waiter, and had lean weeks at places. My salary never changed: $2 per hour.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
]
If a waiter is in a bracket where he is making more than $30 a month, but fails to make tips which bring up his salary to $7.25 one month (because assholes don't tip properly), the employer doesn't turn around and pay him more.

Is it written somewhere that the employer is to keep track of the employee's tips, in order to up his/her salary to compensate a bad week/month? Please point that out to me.

Yes, yes it does.

Employers electing to use the tip credit provision must be able to show that tipped employees receive at least
the minimum wage when direct (or cash) wages and the tip credit amount are combined.

Where an employee does not receive sufficient tips to make up the difference between the direct (or
cash) wage payment (which must be at least $2.13 per hour) and the minimum wage, the employer must
make up the difference

Where a tipped employee is required to contribute to a tip pool that includes employees who do not
customarily and regularly receive tips, the employee is owed all tips he or she contributed to the pool
and the full $7.25 minimum wage.

http://www.dol.gov/whd/regs/compliance/whdfs15.pdf
 
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Dumac

Diamond Member
Dec 31, 2005
9,391
1
0
Process what?

Did you read the bold portion of my quote? I'm speaking from the state level. $2.13 is federal, and states often raise that.

If a waiter is in a bracket where he is making more than $30 a month, but fails to make tips which bring up his salary to $7.25 one month (because assholes don't tip properly), the employer doesn't turn around and pay him more.

Is it written somewhere that the employer is to keep track of the employee's tips, in order to up his/her salary to compensate a bad week/month? Please point that out to me.

I've worked plenty as a waiter, and had lean weeks at places. My salary never changed: $2 per hour.

I don't know why you don't understand this.

Federal law statse that waiters cannot be paid under 7.25/hr. Some states may increase this amount, but nobody is getting paid $2/hr

Yes, with tips included as part of your income, you can get paid $2 as wages and the rest as tips, but you are guaranteed to make at least the federal minimum of 7.25.

This has been pointed out multiple times in this thread with sources provided, but you continue to willfully ignore any evidence contrary to your false beliefs.
 

Vic Vega

Diamond Member
Sep 24, 2010
4,535
4
0
Whether you agree with me or not, I would appreciate you not turn to name-calling. This is a debate, not an argument.

Thanks.

You're not debating anything, you made a stupid, pointed statement meant as a slam without researching it first and received the correct response.
 

Rakewell

Platinum Member
Feb 2, 2005
2,418
1
76
Look: Everyone. I do understand that tips are involved, obviously.

However,

People who don't tip or don't tip appropriately don't realize that their minimums are setup beforehand, not day to day.

I'm sorry if I'm not making myself clear.