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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223

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/Perfect_Line8384 Jan 15 '22

It’s not called the “minimum combined wage” for nothing.

And the wage is lowered by a “tip credit” which basically uses the tips to pay their wage down until you hit 2.13, but if there’s no tips to use as credit, the wage is whatever will bring the employee to minimum.

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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/Perfect_Line8384 Jan 15 '22 edited Jan 15 '22

2.13 plus tips, unless that does not add up the the normal minimum wage, then it’s whatever will make it 7.25 (or the state minimum).

They may not have raised the 2.13 when the minimum wage raised, but the minimum combined tip wage did increase with it.

The problem with that is that a larger percentage of their income is subsidized by the consumer, but the employee is still guaranteed the real minimum wage for their pay period.

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u/Perfect_Line8384 Jan 15 '22

My other comment explaining exactly how the minimum wage works for tipped employees:

It’s not called the “minimum combined wage” for nothing.

And the wage is lowered by a “tip credit” which basically uses the tips to pay their wage down until you hit 2.13, but if there’s no tips to use as credit, the wage is whatever will bring the employee to minimum.

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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