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Waitresses you do make minimum wage! Its illegal not too!!

Posted by on Feb. 27, 2010 at 1:54 AM
  • 87 Replies

To all waitresses if your employer is not paying you at least minimum wage it is illegal. By law they must pay you 2.13 an hour and if your tips plus 2.13/hr don't add up to minimum wage your employer MUST cover the difference. It is not optional!!

Question: Is it legal for waiters and waitresses to be paid below the minimum wage?

Answer: According to the Fair Labor Standards Act, tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.

An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $7.25 per hour effective July 24, 2009. An employer must pay at least $2.13 per hour. However, if an employee's tips combined with the employer's wage of $2.13 per hour do not equal the hourly minimum wage, the employer is required to make up the difference.

The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

http://www.dol.gov/wb/faq26.htm

This comes from from the Department of Labor.  So stop saying that you don't make at least that.  So why are we required to tip a waitress when either way you make minimum wage! And yes  your tips are taxed... so is my paycheck. lol. Whether I make 7.25/hr at McDonald's or 7.25/hr as a waitress at Ruby Tuesdays the money I make is taxed. That is the law and that is fair that we ALL get taxed.

So tips are based on SERVICE not ensuring you make minimum wage. Whether you get 100 in tips or 0 you still are required by law to be paid minimum wage.

KNOW YOUR RIGHTS!!!!!! DON'T BE TAKEN ADVANTAGE OF!!!!

Oh and F.Y.I I  tip 20% for great service but I refuse to tip for poor service.

by on Feb. 27, 2010 at 1:54 AM
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Replies (1-10):
futureshock
by Dr. Futureshock on Feb. 27, 2010 at 1:56 AM

If you make so little in tips that your employer has to make up the difference, you would be FIRED.

Iconoclast
by on Feb. 27, 2010 at 1:57 AM

you rock

im23vaughn
by on Feb. 27, 2010 at 1:59 AM


Quoting futureshock:

If you make so little in tips that your employer has to make up the difference, you would be FIRED.


I agree and if you can't make at least minimum wage then maybe waitressing isn't the right job for them. I know in collections I couldn't make the quota each month so I quit. Everyone isn't cut out to be a waitress. You have to be a people person. If you can't average 5/hr per week in tips, waitressing may not be for that person.

samthecat001
by on Feb. 27, 2010 at 2:01 AM

i posted this exact same thing in the other post

frndlyfn
by Emerald Member on Feb. 27, 2010 at 2:01 AM

I do remember when i was bussing tables in a chain rest.   I had to report at very least the amount that made minimum wage.  If my shift was over and i had zero tips, the rest would give me minimum wage. I was a teenager then so i couldnt work certain hours.

college.mom
by on Feb. 27, 2010 at 2:05 AM

 I tip 10-15 percent, because I can.  I was a waitress and that is what I tip.  I will not tip if you are rude or a shitty server.  Do your job and stop complaining.

futureshock
by Dr. Futureshock on Feb. 27, 2010 at 2:07 AM


Quoting college.mom:

 I tip 10-15 percent, because I can.  I was a waitress and that is what I tip.  I will not tip if you are rude or a shitty server.  Do your job and stop complaining.

There is nothing wrong with that, but 15 to 20 is more customary. However, there are many people who do not even do anywhere near that much.

jackiec7707
by on Feb. 27, 2010 at 2:07 AM

On SLOW days I averaged around  $15 an hour.. If you don't make minimum wage either you shouldn't be a waitress or the business should shut down.. That's pitiful.

jackiec7707
by on Feb. 27, 2010 at 2:10 AM

I don't tip by percent. I tip by service period. If I go out to breakfast and get the $2.00 eggs, toast and homefries and the waitress is good.. I'm leaving her $5.00.. what's 18% of 2.00? 0.36.. never.. Like last night we went out to eat and our total was $38.00.. I left her $10. That's over 25%. I usually leave multiples of $5 depending on service.

Quoting college.mom:

 I tip 10-15 percent, because I can.  I was a waitress and that is what I tip.  I will not tip if you are rude or a shitty server.  Do your job and stop complaining.


mtfarms
by on Feb. 27, 2010 at 2:11 AM

There is a restaurant where I live that makes the waitresses split with the cooks.  That doesn't seem right.  The cooks should get paid more. 

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