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

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

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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/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/Negative_Handoff Jan 15 '22

Those states that don't have their own minimum wage laws allow their tip-based pay businesses to only pay $2.13/hr, now it may be the employees are entitled to the difference, but do you honestly think those employees are going to risk losing their jobs going to EEO or NLRB to get that law enforced? I'd wager in 99% of cases they won't, so it's a de facto $2.13/hr wage plus tips or only the $2.13/hour, does that satisfy you now? Also, if you would bother to read some of the other postings here, my statement has been confirmed by others from states that allow this(as one person noted Texas does, I'd also wager that most states allowing this practice are Republican controlled as well).

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u/Perfect_Line8384 Jan 15 '22 edited Jan 15 '22

We’re talking about the law here.

My post was in contradiction to a guy who said this wasn’t even the law and employers don’t have to pay this, so please use context here.

I agree it’s bullshit, but don’t talk like you’re an authority on something you know literally nothing about. You read one article about it. You disagreed that this was how the law worked.

These employees are entitled to that by federal law, no questions asked, no disputing that. Whether companies use bullshit business practices is a different discussion.

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u/Negative_Handoff Jan 16 '22

Do you agree that State minimum wage laws take precedence over the Federal minimum wage law?

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u/Perfect_Line8384 Jan 16 '22 edited Jan 16 '22

Yes, and those are accounted for in the tipped wage credit laws.

What’s your point?

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u/Negative_Handoff Jan 16 '22

That some states would word their minimum wage laws so that only the base tip minimum wage is the wage that employers would have to pay in their state...so that the only amount the employer has to pay is $2.13/hr(basically set the state minimum wage for tipped employees at $2.13/hr with no provision for the difference having to be made up by the employer to reach the regular minimum wage for that state).

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u/Perfect_Line8384 Jan 16 '22

Every state has that provision

Please stop, just accept that you’re wrong.

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