Is there a reason I shouldn't report my employers to EDD/BOFE?

masterxfob

Diamond Member
May 20, 2001
7,366
5
81
I am currently employed at a restaurant as a waiter/busboy, but I am most certainly going to quit in the next 3-4 weeks. here are the many reasons for quiting and reporting them:

1. i get paid $6.25/hour, while min wage is $6.75/hour.

2. there already too many waiters, so i rarely get any time waiting tables. that or it's too slow and the owner will wait them himself and keep the tips.

3. owners (brothers) are cheap, cheap, cheap. trust me on this, it's horrible. they lock up most of the supplies, such as towels, aprons, books (to write down orders), and el cheapo alcohol. that's not all, that's just a very small part of it.

4. someone orders merlet and we're out, boss says to give them any red wine. same goes for white wines. we have a decent wine list, but that's not what we serve, we serve el cheapo wine from 5 liter boxes or gallon jugs which the boss buys.

5. owners are always trying to cheat employees by miscalculating hours worked on payday.

6. we get paid cash, that means no reportable income to the IRS = assraping.

7. they fired the dishwasher, who's brothers were the head chef and the food prepper. the food probably will not taste as good, meaning less customers and less tips.

8. we now have a hispanic kid, maybe 15 years old, as a dishwasher. don't know how that'll pan out, but they'll probably under pay him, and work him more than is legal under child labor laws.

9. they withheld a full weeks pay from an employee due to the training she received, which is ridiculous and quite illegal.

10. when it's busy as fvck and we need help, owners hardly ever help out. they sit on their fatasses and watch us like we're going to steal something.


i know everything is disorganized, but i don't care. i just got home from work and just felt like venting my frustrations :). also, i won't name my place of work because one of you might know the owners and snitch on me :p however, i will say that we have some damned good authentic italian cuisine!

ohh, here's a few links:

EDD
BOFE
 

masterxfob

Diamond Member
May 20, 2001
7,366
5
81
maybe i should rephrase the question:

Is there a reason I shouldn't report my employers to EDD/BOFE?
 

ThaGrandCow

Diamond Member
Dec 27, 2001
7,956
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Is it a Macaroni Grill? That sounds about like how they treated people when I worked at one.
 

masterxfob

Diamond Member
May 20, 2001
7,366
5
81
Originally posted by: ThaGrandCow
Is it a Macaroni Grill? That sounds about like how they treated people when I worked at one.

nope, it's not a chain. it's just a single italian restaurant that has been in the same spot for nearly 40 years. it was family owned up until a couple years ago, then it changed management twice. business has plummeted since the family sold it, but it still does fairly well, and only because some of the family members still work there.
 

AIWGuru

Banned
Nov 19, 2003
1,497
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Dude, you get paid like 50 cents below minimum but you get paid in CASH!
Cash....
Think about it for a second...
 

masterxfob

Diamond Member
May 20, 2001
7,366
5
81
Originally posted by: AIWGuru
Dude, you get paid like 50 cents below minimum but you get paid in CASH!
Cash....
Think about it for a second...

and the award for Idiot of the Week goes to......
 

masterxfob

Diamond Member
May 20, 2001
7,366
5
81
Originally posted by: loki8481
plus, waiters/waitresses aren't required to be paid minimum wage.

that's a given, but most waiters still get minimum or better. also, did you read the part about the boss being stingy and not giving me hours as a waiter? if anything, i'm a busboy, and thus my reason for leaving.
 

Joker81

Golden Member
Aug 9, 2000
1,281
0
0
Originally posted by: xyion
um...when was $6.75 made the min wage?

its not federal but probably state minimum. Texas minimum wage is like $4/hour but federal is more so you get paid what ever one is higher.
 

nageov3t

Lifer
Feb 18, 2004
42,808
83
91
Originally posted by: masterxfob
Originally posted by: loki8481
plus, waiters/waitresses aren't required to be paid minimum wage.

that's a given, but most waiters still get minimum or better. also, did you read the part about the boss being stingy and not giving me hours as a waiter? if anything, i'm a busboy, and thus my reason for leaving.

it depends. I'm not defending the boss or anything, but most managers (especially in food services/retain work, where you're hiring mostly teens and illegals with a high turnover rate), they're going to pay you as little as they have to, and screw whether or not the low pay affects the quality of service.

my cousin used to bartend at a night club in manhattan; he made something like $2.15/hour. the tips made it worthwhile to stay there, but the owner didn't have to pay minimum wage because if my cousin didn't want the job at $2.15/hour, there were hundreds of people on the corner who *would* take it for $2.15.
 

tcsenter

Lifer
Sep 7, 2001
18,933
566
126
I'm still waiting for the part where you tell us something that would make this restaurant different from the vast majority of other restaurants.
that's a given, but most waiters still get minimum or better. also, did you read the part about the boss being stingy and not giving me hours as a waiter?
Most waiters are paid minimum wage where, in your town? There is no state in this country where it is the 'norm' for tipped food and beverage servers (i.e. waiters) to be paid minimum wage or better. What planet did you recently come from?
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
as a tipped employee as long as tips+wages = minimum wage you are considered adequately compensated.

I am not sure if it's illegal to pay someone in cash especially as I can guarantee they are filing these wages as deduductions from there own taxes, it's more illegal not to report those wages yourself though which about 90% (probably) of waitstaff do when they 'short' report tip income.

Å
 

MustISO

Lifer
Oct 9, 1999
11,927
12
81
I used to work at a beer and wine where the owner would make us scrape off the labels on the kegs so we could sell the beer as anything the customer ordered. Never turned them in.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
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Originally posted by: tcsenter
I'm still waiting for the part where you tell us something that would make this restaurant different from the vast majority of other restaurants.
that's a given, but most waiters still get minimum or better. also, did you read the part about the boss being stingy and not giving me hours as a waiter?
Most waiters are paid minimum wage where, in your town? There is no state in this country where it is the 'norm' for tipped food and beverage servers (i.e. waiters) to be paid minimum wage or better. What planet did you recently come from?
Actually, tc, there is one state that I am aware of: Oregon. State law requires that all employees must be paid minimum wage or better. Even straight-commission salespeople (in the absence of commissions exceeding minimum wage) and even restaurant workers who expect tips (regardless of tip volume).

masterxfob lives in CA, so those laws may be different.

Of his list of 10, half are meaningless in the eyes of legal authorities, but #'s 4, 5, 6, 8, and 9 are serious legal compliance issues.
 

Kelemvor

Lifer
May 23, 2002
16,928
8
81
I would definitely report them. They are doing things illegal to their customers, employees, and probably others. Get on the phone and get them out of business...

Be sure to get others to do it with you so it's not just your word against theirs. Any proof would be great.
 

tcsenter

Lifer
Sep 7, 2001
18,933
566
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Actually, tc, there is one state that I am aware of: Oregon. State law requires that all employees must be paid minimum wage or better. Even straight-commission salespeople (in the absence of commissions exceeding minimum wage) and even restaurant workers who expect tips (regardless of tip volume).
Ok, thanks for the clarification.

On a related note, federal minimum wage for tipped employees is $2.13 an hour. If the employee's tips combined with their wage do not equal the 'standard' federal minimum wage (IIRC $5.15 an hour), the employer must make up the difference. In those states with their own minimum wage laws, the employer is obligated to pay the higher of the two.

I worked in the hospitality (hotel, food, and beverage) industry for several years in Michigan starting at the age of 15. Of the several tipped positions I held in those years, only one paid minimum wage - a room service porter.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
How old are you, and how long have you worked there? I don't know the specifics of the minimum wage law in CA, but under federal law if you're under 20 and have worked there less than 90 days, they can pay you below minimum wage. Besides, if you do any waiting at all, the tips count toward the minimum wage requirement. So complaining that most other places still pay minimum wage + tips is irrelevant.
 

DT4K

Diamond Member
Jan 21, 2002
6,944
3
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Originally posted by: Vic
Originally posted by: tcsenter
I'm still waiting for the part where you tell us something that would make this restaurant different from the vast majority of other restaurants.
that's a given, but most waiters still get minimum or better. also, did you read the part about the boss being stingy and not giving me hours as a waiter?
Most waiters are paid minimum wage where, in your town? There is no state in this country where it is the 'norm' for tipped food and beverage servers (i.e. waiters) to be paid minimum wage or better. What planet did you recently come from?
Actually, tc, there is one state that I am aware of: Oregon. State law requires that all employees must be paid minimum wage or better. Even straight-commission salespeople (in the absence of commissions exceeding minimum wage) and even restaurant workers who expect tips (regardless of tip volume).

masterxfob lives in CA, so those laws may be different.

Of his list of 10, half are meaningless in the eyes of legal authorities, but #'s 4, 5, 6, 8, and 9 are serious legal compliance issues.

Actually, his "no state in this country" comment is even more wrong than that.
There are seven states that do not allow tips to count towards wages.

All employees are required to get the same minimum wage regardless of whether they receive tips in:

Alaska
California
Minnesota
Montana
Nevada
Oregon
Washington