r/antiwork Jan 14 '22 Silver 5 Helpful 16 Wholesome 10

So sorry, I'm broke so I can only pay you $77 for my food. You were great though.

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779

u/SB6P897 Jan 15 '22

You see more and more fast food places asking for tips. Right now it’s fun and dandy while they get paid minimum or more. But the fast food pay enjoyment gonna change real fast when fast food restaurants get the legal slip to pay less than minimum cuz “tips are income and will justify it”

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u/zentoast Jan 15 '22

Yeah a while back I used to work at Sonic, and one day corporate decided all the carhops were gonna start getting tip wage. Luckily I was a manager by then, but considering most folks don’t know you should tip at Sonic it was a certain kind of hell for the folks who worked with me.

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u/[deleted] Jan 15 '22

[removed] — view removed comment

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u/Dianthor Jan 15 '22

As far as I understand, tipped employees are still guaranteed at least minimum wage, no? If the value of their tips is less than the threshold to reach minimum wage the employer is obliged to pay the difference. Does this not occur?

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u/starfreeek Jan 15 '22

Yes employers are legally required to make up the difference between what the tipped employee makes and the state min wage if it is less that pay period. That being said min wage is way to low in most places.

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u/Usedtabe Jan 15 '22

Legally required and what actually happens are two different things. Many waitstaff have been let go when trying to get their management to do their part.

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u/Super_Nisey Jan 15 '22

Yep when I waitressed I was taught to always put my tips at a fixed amount, regardless if I actually received that much

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u/SnooPeripherals1595 Jan 15 '22

I am told to claim $0 as far as cash tips at the end of each shift serving tables. Then my manager goes back and adjust my cash tips every night as a certain percentage of my sales. 80% of the time, I don't even make any cash dip so I think it is absolutely insane that they are claiming these tips for me.

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u/Negative_Handoff Jan 15 '22

Federal minimum wage for tipped employees is $2.13/hour, that's all employers are required to pay unless the state has instituted a higher minimum wage for tipped employees(it has to specifically state tipped employees, since that is how the Federal minimum wage law is written, and it was written that way at the insistence of the hospitality industry).

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u/Perfect_Line8384 Jan 15 '22

No, they get paid the tipped minimum + tips, or the state minimum wage. Whichever is higher.

If the tips don’t add up to over the states minimum wage for that pay period, the employer is required to pay the difference.

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u/PrincessSlutFuck Jan 15 '22

This. When I signed to work as a waitress my tips went towards my wage. If I didn't make minimum wage with the tips, the company filled in the gaps. Required tipping is still fucked up though

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u/Perfect_Line8384 Jan 15 '22

Yup, and minimum sucks, but let’s be correct about what the law is

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u/PeopleBuilder Jan 15 '22

No. Comment above about 2.13 is correct

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u/Negative_Handoff Jan 15 '22

Depends on whether or not the state has a their own minimum wage or not...there are still quite a few states that only use the Federal minimum wage as their minimum wage, in which case they only get paid $2.13/hour plus tips, if no tips, then they only make whatever the amount adds up to based on the $2.13/hour. That's why sometimes you see workers posting paycheck stubs with $0.00 take home pay.

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u/Perfect_Line8384 Jan 15 '22

They would still need to pay up to the 7.25 federal minimum though if they don’t receive enough tips, that’s just how it works.

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u/starfreeek Jan 15 '22

Thanks for the posts. So many people replying that have no idea what they are talking about.

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u/Negative_Handoff Jan 15 '22

No, that's how you think it works, but they don't, the Federal minimum wage for tip workers is $2.13/hour, period, the only way that it would have to be topped off by an employer is if a states minimum wage is higher(and in those cases most employers just pay the employees the states minimum wage). That's exactly how the restaurant industry wanted it so they wouldn't have to pay the workers more, and that's how it was written. That was from an in-depth article on how the minimum wage law was crafted by Congress, and as far as that story stated, even when the minimum was increased to todays Federal $7.25/hour, there was no change to tip-based workers, it's still $2.13/hour plus tips.

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u/gorgofdoom Jan 15 '22

‘Hospitality industry’

I think you misspelled corrupt politicians

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u/starfreeek Jan 19 '22

I posted a link to the contest higher up. No one in the country is legally allowed to be paid less than th fed min wage. Examples of company's doing it just means the company is willing to break the law.

https://www.dol.gov/agencies/whd/fact-sheets/15-flsa-tipped-employees#:~:text=Tipped%20employees%20are%20those%20who,%2430%20per%20month%20in%20tips.&text=The%20employer%20is%20prohibited%20from,of%20a%20valid%20tip%20pool

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u/Jetboywasmybaby Jan 15 '22

In California we get regular state minimum wage + tips. But because other states tax the fuck out of tips they drop down the wage to make up for what they make in tips to average the minimum wage

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u/boxerbumbles77 Jan 15 '22 edited Jan 15 '22

Tipped workers have a separate minimum wage, in my state it's $3.63 an hour. That means a whole day's work couldn't get a meal at Five Guys

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u/bd01000101 Jan 15 '22

there is still a federal minimum wage, no matter what. yes minimum wage for service is different because of tips but if you don't make minimum wage with tips they are required to pay federal minimum wage

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u/Usedtabe Jan 15 '22

Y'all love to quote this like it happens as it should. Lots of times they don't pay and just fire anyone who reminds them of the law because muh "right to work" state. And before you even come at it with a legal standpoint I dare you to consider the person not even getting $7.25/hr is going to be able to afford an attorney.

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u/bd01000101 Jan 15 '22

all of what you are saying is true but i have seen it happen where someone successfully sued over that because there was lots of evidence and years of doing it to people. but again, you're right, it takes quite a bit

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u/boxerbumbles77 Jan 15 '22

Hey, you're probably right, I'm just basing this off my partner's experience as a server. Could you find some variety of link to the law that specifies federal minimum wage over state tipped minimum wage? I'd find it helpful to have on hand, but I'm not able to do a deep dive right now

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u/bd01000101 Jan 15 '22 Silver

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u/boxerbumbles77 Jan 15 '22

Thank you so much, gave this silver because I hope more people see this

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u/Usedtabe Jan 15 '22

It never happens this way. So many people have posted their checks online to prove this is nothing more than bullshit. And they generally don't fight it because retaliation is being fired and blacklisted.

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u/ShrimGods Jan 15 '22

Where TF is this?

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u/boxerbumbles77 Jan 15 '22

My bad. It's actually $3.63, which is loads better, I'll edit my comment.

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u/ShrimGods Jan 15 '22

No lol, I'm asking where, what state

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u/boxerbumbles77 Jan 15 '22

Rather not totally dox myself, kinda already did, please just google state tipped minimum wages, which was the crux of what I was trying to talk about

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u/ShrimGods Jan 15 '22

That list is depressing. What year is it

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u/idriveachickcar Jan 15 '22

Minimum wage is miserably low.

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u/Cloberella Jan 15 '22

As a former waitress who watched this happen to her coworkers, if you work in an "At-Will" state, asking your boss to bump your pay to min. wage in accordance with the law will get you fired immediately.

At-Will employment means you can be let go at any time for any reason and the Employer does not have to disclose it. Usually, though, they would, and they would say "High performing workers get tips, low performing workers do not. Lack of tips is evidence of lack of work. Fired for poor performance."

Something like over 40 states in the US have At-Will employment.

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u/bernardcat Jan 15 '22
  1. Montana is the only state that is not.

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u/philrelf Jan 15 '22

I'm guessing it's averaged out of for the week, not on a hourly or daily basis. So some hours they earn a dollar but for the week they are making $25 per hour so employer doesn't make up for those $1 hours.

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u/GodMeyer here for the memes Jan 15 '22

I don’t know, but I know that I was paid 5$ an hour and got a split on tips when I was a busboy. My tips were never really more than 20$ for a 6 hour shift. That means I was paid 50$ for a 6 hour shift most times, I don’t remember my boss ever making up the difference because that seems much less than minimum wage. I’ve since quit tho.

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u/robembe Jan 15 '22

In US, NO! Some are paid as low as $2.50/hr