Hourly pay question

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markv in Elizabeth, New Jersey

56 months ago

Sorry, correction: When your EMPLOYER (not state, sorry) reports that you're making minimum wage, you are taxed off that figure. But since you're being taxed over 25% of that (if your state's min. wage is close to mine in NJ,- which is now $7.25/hr.) as opposed to the normal 20%, maybe your employer is reporting that you make more than your state's minimum. I am not an accountant, but work for tips, too, and this seems high. You really should not be losing more than 20% of your total sum of tips and hourly sal.

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MJJ in Logan, West Virginia

56 months ago

Crazy_one in San Antonio, Texas said: I'm sorry I can't help you but I too have a similar problem. I make $2.15/hr. plus tips, which for 5 hours I'm lucky if I make $15.00, does the employer have to pay me what I would have received if I made min. wage? For example: $2.15 x 5 = $10.75, plus tips $15.00 = $25.75.
If I was receving just min. wage I would get $5.75 x 5 = $28.75. Since the Hourly wage is more would that mean they would pay me the salary that exceeds that amount? The rest. is fairly new and there is often times when the rest. closes I stay 1 1/2 to 2 hrs. cleaning---is that time still waitress hourly pay?
Thanks so much!

I have had the same question before at the place i work. I only make $2.14/hour and some days i might make $40 or $50 on a 11 or 12 hour shift if i'm lucky. I asked one of my manages that question several months back and she said the reason that we don't pay you what you don't make to equal min wage is because you make well over min wage on the weekends and it evens out. I thought that it was on a day to day basis and they had to pay you to put you up to min wage. And at the time when i asked her the question that really was the case. But now on the weekends is when i have been working double shifts (12hrs) and i'm only making between $40 and $80 on a WEEKEND!!!
Can anyone tell me if they can do that?
And as far as my taxes my managers automatically claim 8% of the total cost of food that i sale. For instance i may serve a table that orders $200 worth of food and if they they don't tip it doesn't matter that 8% of $200 is still considered what i made in tips and it is taxed!!!
Does anyone know if that's right?? Can they do that??

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Cathy the X Bugsy's Waitress in Alexandria, Virginia

55 months ago

terra in Mchenry, Illinois said: Hi where i live it is 4.50 an hour plus tips .. I generally make about 150.00 a shift .. My checks are about 140.00 +/- every 2 weeks ... We do not get taxed on our tips how can they tax our tips they don't know what we make LOL thats my bosses statement anyways

They assume you're making 15% of your total sales. So the way it's all calculated is from your hours worked and whatever the restaurant is claiming you sold.

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DPM in Albuquerque, New Mexico

55 months ago

I'm getting paid "3.00" an hour and I make 80-100 a night in tips almost 130 to 140 a night on the weekends,I work about 25-30 hours a week and my check comes out to 140 to 150. I get taxed 135+ but I get no more than 5 dollars a paycheck? I feel like I'm getting taxed way too much. Any idea why?

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server in White Plains, New York

54 months ago

I agree with what you said, except the part about telling the customer you are busy, etc.
Greet them with a warm hello...I will be right with you, pick up your food and take their drink order on your way back to the kitchen.....

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Chelsea in Freeport, Illinois

54 months ago

I live in freeport, il which is really close to Mchenry. You are "supposed" to claim all of your tips. However like they said, the IRS assumes 15% of your sales. When I clock out at night, I have to claim tips... the reason you claim the tips is for the government to tax you. On each paycheck you should see your earnings from your hourly pay... which is around 4.80 here... and then you should also see your tips claimed for that pay period. The taxes that are deducted from your check are based on your hourly + tips. That is why my paychecks don't even come close to what i should be making from just my hourly pay.

My employer watches what we claim. We have to be claiming at least 8-15%... that's just to keep the audits from coming our way. If you don't claim any of your tips, you're asking from the IRS to come. Just be careful.

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schammond in La Center, Washington

52 months ago

I work in a restaurant in Wa. State where our minimum wage is well over $8.00 an hour. My complaint is that because of the economy the owner has had our shifts cut considerably and has the managers working those shifts. One of the managers is on salary and she works at least an 8hr shift making tips and NOT reporting them. When we have charge tips those are automatically reported to the IRS. The cashiers have found a way to have the managers charged tips changed in to cash tips so they are not reported. This is so highly illegal on so many levels it just blows my mind. IRS are you listening?

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m1 in Stowe, Vermont

52 months ago

Can an employer legally pay a waitress tips only No hourly pay??

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CWeathers in Newton, Kansas

52 months ago

Girly in Newport News, Virginia said: ?! Why does everyone think waitresses and waiters have it so bad because we get paid $2-3/hour?? That's *not* saying that for a 40 hour week we are only making between $80 and $120! That is how much you make as an hourly wage, you also make tips, between $15 and $200 per NIGHT depending on where you work, how hard you work, and how well people tip you. You do declare your tips, and yes you are taxed on them, in the end, between your tips and your hourly wage you ARE making more than minumum wage, and being taxed on it.

Now matter what someone makes hourly or with tips. I was told you have to get paid minumum wage at least. What I mean is that I was told that at the end of the week when your boss cuts your checks you have to have made at least minumum wages every shift you worked. What do you know about this? I just got hired as a waitress today!

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server in White Plains, New York

52 months ago

you are correct. It is assumed that your tips will bring your income up to or beyond minimum wage....if you come out short, by law, your employer must make up the difference.

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W in Plain City, Ohio

52 months ago

Just to add to everyone's comment because I know why an owner would report higher incomes for their employees. My friends used to work for contract and some employer reported high income for their employees and employees don't find out until they get 1099, or W2 for normal people. They have to pay more tax than they actually make. If they don't pay, IRS will get them.

The truth is the employer was trying to cheat his way around the tax system. He reported his income in the employees' income, so he have to pay less tax.

For example: An employer makes $60,000 and an employee makes $20,000. Employer reported $50,000 for himself and reported $30,000 for the employee. The employer pays tax of $50,000, but getting the full benefit of $60,000. The employee pays tax tax of $30,000, but only make $20,000.

Don't let any employer report more income than you actually make! PERIOD!

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texaswillie in Addison, Texas

52 months ago

Let me see if I can shed some light on this issue. IF you are subject to federal law (The Fair Labor Standards Act)there are strict pay requirements. The law is complicated.In addition some states have laws or regulations covering this same subject. I will, hit just the highlights. A waitperson much receive more than $30 monthly in tips to be classified as a "tipped employee". That should not be a problem with most wait staff. The employer MUST inform each employee about the tip credit allowance (including amount to be credited) before the tip credit is utilized. The employer must be able to show that the employee received at least the Minimum Wage when the direct wages and the tip credit allowance are combined. The employer must allow the employee to retain all tips, whether or not the employer elects to take a tip credit for tips received.Let me use an example. The employee is paid $2.13 per hour and during the evening shift of six hours gets $25.00 in tips. Total wages eared i $$12.78 plus $25.00 for a total of $37.78 divided by the six hours for an hourly rate of $6.29 per hour. The employer must make up the difference so the employee get at applicable MW. While I used an example of a day, you should use the workweek. Add all the hours in a workweek and multiply those hours times the hourly wage received then add the tips. If you end up with lass than the applicable MW , you are underpaid and the employer is requirement to make up the difference. Remember I wrote this is a complicated law. Let's assume the employer lets you eat from the menu and claiming you are eating a certain amount of food each day. He can claim credit however there are strict rules to follow in claiming his by the employer. It does not mean he get to claim $9.95 for a hamburger from the menu. There is also an overtime requirement for those who work over 40 hours in a workweek. There is time and one-half for those hour and that will be based on the applicable MW.

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mshock in Glen Burnie, Maryland

51 months ago

Angela Murphy in Dublin, Ireland said: Hey
Just lookin for some help we are heading to New Jersey for the summer on a working visa. Any resturants etc which you could suggest as places where we could apply for jobs would be greatly appreciated. Also just wondering what are the average hours people are working in retsurants (how many days off etc). We would be hoping to go to New Jersey itself!!
All help greatly appreciated

Hi,
When I was college age, I waitressed 2 summers in Ocean city, Md. Pay was good, stayed crowded most of the time until the end of the summer, since you're going to NJ, check out Ocean city NJ or Wildwood, I've been there on family vacation, it's very nice, good luck, have fun..

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SuperTender in Manchester, New Hampshire

50 months ago

rman24 in Benton, Illinois said: where do you people work that you're making $150 a shift? I work at Applebees and typically make 50-60 on a long day shift, and 70-110 on a close night shift Help!!

I'm amazed at how little people make in the lower states. Get a job at the most expensive place in your area and get regulars. Big money regulars= Big money tips. Especially if your good looking. If not than you better have one awesome personality if you have both than you can make more than some lawyers!

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only1moreyear in Crown Point, Indiana

50 months ago

rman24 in Benton, Illinois said: where do you people work that you're making $150 a shift? I work at Applebees and typically make 50-60 on a long day shift, and 70-110 on a close night shift Help!!

I work at Buffalo Wild Wings and make anywhere from $90-$250 in an eight hour shift.

GET AWAY FROM APPLEBEES!!

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Stan in Fayetteville, Arkansas

50 months ago

I work at a private country club that recently came under new management. All the waiters and bartenders used to make between $4 and $6 plus an automatic 16% tip on everything we sold to the members. After the new management arrived they decided to change the system to a higher hourly wage but no tips. Since I was there before the new management they offered me $14/hour to stay, but all the new employees hired are started at $7.50/hour for 90 days until a performance evaluation, and still without tips. Is this legal? Someone told me that a company that hires wait/barstaff without declared tips has to have a paper trail showing that those employees make around the equivalent of what they would normally make with their tips. Wont a bunch of 1040's filed at the end of this year with ZERO declared tips seem funny to the Feds? Need help figuring this one out...

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V in Plain City, Ohio

49 months ago

Stan in Fayetteville, Arkansas said: I work at a private country club that recently came under new management. All the waiters and bartenders used to make between $4 and $6 plus an automatic 16% tip on everything we sold to the members. After the new management arrived they decided to change the system to a higher hourly wage but no tips. Since I was there before the new management they offered me $14/hour to stay, but all the new employees hired are started at $7.50/hour for 90 days until a performance evaluation, and still without tips. Is this legal? Someone told me that a company that hires wait/barstaff without declared tips has to have a paper trail showing that those employees make around the equivalent of what they would normally make with their tips. Wont a bunch of 1040's filed at the end of this year with ZERO declared tips seem funny to the Feds? Need help figuring this one out...

Well, basically the new owner/management is taking all the money. You and everybody else does not work for tips anymore. The new guys who get $7.50 are now making minimum wage. So you either make less than minimum wage and get tips, or make equal to or more than minimum wage and no tip. In this case, it's no different than working at McDonald or Burger King.

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Stan in Fayetteville, Arkansas

49 months ago

V in Plain City, Ohio said: Well, basically the new owner/management is taking all the money. You and everybody else does not work for tips anymore. The new guys who get $7.50 are now making minimum wage. So you either make less than minimum wage and get tips, or make equal to or more than minimum wage and no tip. In this case, it's no different than working at McDonald or Burger King.

Oh yeah, I realized that I forgot to mention this earlier: A 16% gratuity is still listed on the tickets and paid by the members on everything that they purchase. But, the staff doesn't see a dime of that money and the members don't realize that the tip they're paying is not for the service they received. One of the employees tried to confront the management about this seemingly strange situation with questions like "Where does that money go?" and "Do the members know about this?" but he was immediately fired. Sounds fishy, huh? Regardless, I left the place because I felt like I was working under a bunch of crooks. I would still like to correct the situation if I can because I don't like seeing that kind of behavior go on unchecked. So, is the 16% "gratuity" that the management receives taxed differently and could lead to IRS trouble, or is this just bad business and blatantly lying to their customers?

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TERR in Middletown, New Jersey

49 months ago

I fined it really funny that people work at those discusting places

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wanda in Norman Park, Georgia

49 months ago

should you get paid $2.13 a hour at a resturant to cashier,when the cashier gets $7.25 or more when they come in to work,you loose money and make guest mad at you because they are not being taking cared for because your stuck at the register.is that fare?

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lala in Brooklyn, New York

48 months ago

hello i need work.waitress or dishwasher.please if there any restorant hotel need.let me know.papatya1k@hotmail.com

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tana neighbors in Ruston, Louisiana

47 months ago

i am a manager at a resturaunt and sometimes my servers do not make enough tips so the company has to make up the difference, lately i noticed my supervisor has been changing some of the servers tips without their knowledge,what can i do to correct this, i know it is wrong and illegal and i refuse to be a part of it.

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server in White Plains, New York

47 months ago

This is highly illegal. You need to report this immediately. It might be to your advantage to document everything you can beforehand to have evidence. Your servers need to keep track of what they claim and their pay stubs (indicating what management declared.) A as a manager you are a part of it, so act quickly! Be careful, but be expedient.

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cassius in New York, New York

46 months ago

my brother is 63 year old waiter he wants to move to Miami FL, he check out Craig's list and says there a lot of jobs in Miami! I told him to look out it's a young city. Maybe hard for a guy your age to compete with the beautiful people. I'm I wrong!

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cjaneWAIL in Charlottesville, Virginia

45 months ago

rjones1963 in east peoria, Illinois said: last time i checked the min. wage is over $5.60 an hr. if your boss is going by the book (taxes etc.) he is under paying you,i would check with the dept. of labor.

"Tipped Employees" are different, specifically, "tipped employees" are a class of employee for which the standard federal minimum wage does not apply. Instead, employers must pay a tipped employee at least $2.13 / hour. HOWEVER, the law also states that if an employee's wage plus that employee's tips do not equal at least the standard minimum wage (currently $5.85 nationally, higher in some states), the employer must make up the difference.

check out this thread for more on minimum wage:
askville.amazon.com/legal-servers-make-minimum-wage

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George in Las Vegas, Nevada

44 months ago

Federal laws explain that in order to take a tip credit, the employer must allow the tipped employee to retain all tips. Clearly, those who wrote the law were not intending for the law to allow employers to retain a part of their employee's tips but that's what the law does. When an employer takes a tip credit, the employer actually retains part of the tips. Lets say an employee is receiving $5.00 an hour in tips. What the tip credit actually allows the employer to do is, it allows the employer to indirectly take those tips away from an employee who has been presented tips. If customers give an employee $5.00 an hour in tips and his employer is lowering his hourly wages by $5.00 an hour, the tips aren't going to do the worker any good. Instead, the only one benefitting from customers tipping this worker $5.00 an hour is the employer who is saving $5.00 an hour in labor costs. If customers were to suddenly stop tipping this particular employee, only his employer would see any loss of income and that's because an employer who takes a tip credit is actually retaining his employee's tips in violation of the provisions which allow the tip credit.

The truth of the matter is, an employee cannot retain all his tips when his employer is crediting them to himself through a tip credit. The only reason why federal laws state that in order for an employer to take a tip credit "all tips received by the employee must be retained by the employee" is because those writing the law were not intending to pass a law that allows employers to steal their employee's tips. But that's what they passed. They passed a law that allows employers to steal a part of their worker's tips and then they covered their asses with a disclaimer suggesting that their intent was not to pass such a law. I wonder if there is a name for this kind of law. I call it corrupt.

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George in Las Vegas, Nevada

44 months ago

I just want to make one point clear for everyone. The tip credit is a law that is currently allowing employers to steal their worker's tip. Rather than allowing employers to directly steal up to $5.12 an hour in tips from an employee, the tip credit currently allows employers an indirect way of stealing the tips. An employer who seeks to steal part of his employee's tips can indirectly steal them by reducing up to $5.12 an hour from a tipped worker's hourly wages. If a worker receives at least $5.12 an hour in tips, his employer can reduce his hourly wages from $7.25 an hour, that's the federal minimum wage, down to $2.13 an hour, thats what the tip credit supposedly allows.

The interesting part about all this is, federal laws do not explain the tip credit in any detail at all. There is actually no law explaining that employers can pay their tipped employees 2.13 an hour. Those who suggest that federal laws state that employers can pay an employee $2.13 an hour are actually lying. No such statutorty language actually exists. The only law that possibly relates to a lower minimum wage for tipped employees is 29 USC section 203(m), however, the law is silent on the actual dollar amount employers are allowed to pay a tipped employee.

If any one can explain how this law is instructing that the minimum wage is $2.13 for a tipped employee please fill in the following blanks to show your proof.

Section 203(m) states,
In determining the wage an employer is required to pay a
tipped employee, the amount paid such employee by the employee's
employer shall be an amount equal to -
(1) the cash wage paid such employee which for purposes of such
determination shall be not less than the cash wage required to be
paid such an employee on August 20, 1996;=______________ and
(2) an additional amount on account of the tips received by
such employee which amount is equal to the difference between the
wage specified in paragraph (1) and the wage in effect under
secti

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George in Las Vegas, Nevada

44 months ago

If anyone can explain how this law is instructing that the minimum wage is $2.13 for a tipped employee please fill in the following blanks to show your proof.

Section 203(m) states,
In determining the wage an employer is required to pay a
tipped employee, the amount paid such employee by the employee's
employer shall be an amount equal to -
(1) the cash wage paid such employee which for purposes of such
determination shall be not less than the cash wage required to be
paid such an employee on August 20, 1996;=______________ and
(2) an additional amount on account of the tips received by
such employee which amount is equal to the difference between the
wage specified in paragraph (1) and the wage in effect under
section 206(a)=______________

Please show me how you can add these numbers together so that you arrive at $2.13 an hour?

The point I am making is, federal laws do not state that employers can pay tipped employee's $2.13 an hour. It's a lie...........

Sorry for the repost, my previous post was cut short.

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server in White Plains, New York

44 months ago

This has been going on for years, in many but not all states. It is not rocket science. While I would much rather recieve full minimum wage, I appreciate being able to have a job, especially in today's economy. This law assumes that your tips are surpassing the difference that has been deducted from your wage. If this not the case then your employer must make up the difference. This allows the restauranteurs to stay in business....i.e. they are more apt to be able to keep the cost of menu items reasonable....with the increasing cost of inventory, rising minimum wage, etc. In today's economy, people are very cost conscious. An expensive menu is prohibitive to most people.
I worked in a state that did not have this law. It infuriated the owner. With each increase in minimun wage, the servers would lose something. First, our meal plan...then, the insurance plan.....when we were forced to tip out the kitchen, I quit.....And I found another job that paid a higher rate. But, I digress.......
Now, I live in New York and deal with this law. Again, I would rather receive the other half of minimum wage that I am losing, but I am thankful to be employed. PLUS, if you are worth your weight in salt, as a server, you should be making ten to thirty times more an hour than your discounted minimum wage. If you are not then you are in the wrong business.

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server in White Plains, New York

44 months ago

Get a grip, George.

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George in Las Vegas, Nevada

44 months ago

So to help restaurant owners stay in business, the government passed a law that allows employers to steal a portion of the tips their customers present workers. But then they added a disclaimer which suggests that they are not really allowing employers to steal their workers tips, you see, an employer cannot take a tip credit unless all tips received by the employee are retained by the employee.

Why didn't they just write the law like this.

Employers are allowed to steal up to $5.12 an hour in tips from any workers who receives tips. If an employer is unable to actually steal the tips, he may instead deduct them from the employee's hourly wages.

Please note this law would need no contradicting disclaimer stipulation that all tips must be reteined by the employee.

Maybe there is a reason why they didn't write the law in a more straight-forward manner. Maybe the law is unconstitutional. What could be wrong with a law that allows special interests to steal the public's good will?

Maybe if these restaurant owners stopped contributing so much to the campaigns of conservative politicians, they could afford to keep their menu prices down and pay their employees more.

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Cathy the X Bugsy's Waitress in Alexandria, Virginia

44 months ago

terra in Mchenry, Illinois said: Hi where i live it is 4.50 an hour plus tips .. I generally make about 150.00 a shift .. My checks are about 140.00 +/- every 2 weeks ... We do not get taxed on our tips how can they tax our tips they don't know what we make LOL thats my bosses statement anyways

The way they tax your tips is by assuming you're making at least 15% of whatever your sales are.

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Taylor in Atlanta, Georgia

42 months ago

I work in a japanese steakhouse where the food is cooked in front of you. Since there is a chef helping "serve" the customers we are required to tip 50% of our total tips to them... which btw they are already paid $12-$14 an hour compared to my measly $2.13 an hour. When i began working there we counted our tips for the night by assuming we got 15% tips from all tickets that paid in cash then added to recorded tips. Then tip out 8% to bus and 50% to chefs. Sometimes... fairly often... customers would tip under 15% in cash which would lead to me ultimately losing tips because the chefs always got a least 15% of all checks.
Now after much complaining, they decided that all servers would share all their tips. I did not like this idea nad was forced to sign an agreement to do it or lose my job... The way it works now is we put all cash tips in a tip jar and count tips together at the end of the night. We still have to tip out the same but the assumed 15% of cash paid tickets is gone. Which led to lazy servers and many arguments due to servers hiding money.

Now for the kicker: many customers do not know that the tip is shared, even though its printed... very small... in the menu. so they will give a tip to the chef and the server and the owner/managers allow the chefs to keep it because it is a "sidetip" just for the chefs because they did a good job. SO they get half of our tips, side tips and hourly pay. When customers blatantly say that they want to give a SERVER a sidetip for their great work, we are NOT allowed to keep it.

Also every servers pay stub says we all get salary at 174 current units. what is that???? we get paid hourly and not everyones schedule is the same. i have never seen anything like this and i KNOW something is illegal! Any advice????

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server in White Plains, New York

42 months ago

Find another job!

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George in Las Vegas, Nevada

42 months ago

Imagine accepting a job for minimum wage and as soon as your employer sees that customers are tipping you $5.00 an hour he lowers your minimum wage by $5.00 an hour. So if you are receiving $5.00 an hour in tips and your employer is reducing your hourly wages by $5.00 an hour, the tips customers are giving you aren't doing you any good at all. The only one who is benefiting from customers giving you tips is your employer who is now saving $5.00 an hour.

You might as well tell customers to stop tipping you. The only problem is, if you tell customers to stop tipping you, your employer will probably fire you. If customers stop tipping you, then your employer will have to pay you $7.25 an hour instead of $2.13 an hour.

If you can't figure out that the tip credit is simply a law that allows business owners to indirectly steal their workers tips, then you are an idiot. The name of the law is THE TIP CREDIT.
What it does is, it allows business owners to credit their employees tips to the business.

The problem is, our public hasn't consented to our government passing a law that gives over the public's goodwill to special interests, namely restaurant owners. How the hell did they ever get this unconstitutional peice of legislation passed in the first place? Did the National Restaurant Association pay off everyone in Washington DC?

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George in Las Vegas, Nevada

42 months ago

My favorite argument by those who support the tip credit is, If a waiter can't earn more than $5.00 an hour in tips he should find a new job.

This is why the expectation of tips has gone up. Do you remember when the expected tip was 10-15 percent? The reason why waiters and other types of employees are now expecting a much higher percentage tip is, business owners are indirectly taking a large part of their tips. The only way many of these workers can get by is by soliciting more tips from customers. 10 to 15 percent just doesn't cut it when employers are indirectly taking as much as $5.13 an hour in tips through the federal tip credit and when employers are forcing many workers to give up as much as $50 a day in tip-out to others workers through employer required tip pooling.

So who has to pay? The public is being forced to foot the bill. If businesses were forced to keep their hands off their worker's tips, there would be much less pressure on customers to tip. If business owners were prevented from indirectly taking their worker's tips through tip credits and required tip pools, customers wouldn't be expected to tip so much.

The truth of the matter is, business owners are taking their worker's tips and the workers are now forced to ask for more tips to make up for what their employers are taking from them. Workers in the service industry are been turned into beggars, forced to beg for more and more. Look at all the tip jars that have popped up over the recent years. The reason why more and more businesses are putting out tip jars is, our country is allowing them to inirectly take the tips customers present their employees.

This is the God's honest truth and it will never go away......

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Bill in Princeton, Kentucky

42 months ago

Just ran across this site today and read some very interesting post. The Fair Labor Standards Act is the federal law governing wages and the "tip credit" come from the regulations generated by that law. These regulations are in place for the federal sector because of the strong lobbyists primarily for the restaurant associations. Some states have laws that supercede the federal laws. Don't hope for any changes in these "tip credits" as more employers will stoop to that level saying they cannot stay in business unless the customer pays part of the employees wages. One avenue that is open though for many of you who posted on this site and that would be where your wages(tips and hourly wage) fail to meet the federal MW. Employees must gererally be permitted to keep tips they receive thus if you are having to give up a portion of your tips or if the hourly rate paid by the employer falls below $2.13, then you may have a legimate complaint. You could file a complaint with the U.S.Department of Labor--Wage Hour Division. Offices though are only in major cities throughout the country. Another avenue if that of a "class action" lawsuit that would cover you and others in a similar position IF you are not getting your full tips such as having to share them with cooks, etc. You will need to get a private labor law attorney for such an action.These issues while appearing simple on the surface are quite complex. Don't expect any quick or favorable resolutions. This involves long standing political considerations.You should be aware that many other employees are also lacking wage protection in this country. Cruise ships employee sailing from US ports do not have protection and auto mechanics and salespeople are not covered by the overtime provisions.Many such exemptions can be found in the FLSA.I was in hopes that this administration would take a look at many of these provisions and see what they could do for the working men/women. That did not happen.

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server in White Plains, New York

42 months ago

Give it up George. Would you like some cheese with that wine? Move to Washington State...last I knew they still paid $7.25/hour.

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Bill in Princeton, Kentucky

42 months ago

There is a lot of justifiable concerns expressed on these postings, however how does the U.S.Department of Labor enforce these concerns.
FIRST-- RETENTION OF TIPS BY EMPLOYEES Pursuant to Sec(m), all tips received (i.e.,given to or designated for the employee by a patron) by a "tipped employee" must be retained by the employee except to the extent that there is a valid pooling arrangement.

SECOND The following occupatiosn have been recognized as falling within the eligible category---(1) waiters/waitresses (2) bellhops (3) counter personnel who serves customers (4) busboys/girls (server helkpers) (5) service bartenders.

THIRD----Occupations therefore not eligble to participate (in tip sharing) (1) Janitors (2) Dishwashers (3) Chefs or cooks (4) Laundry room attendants

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George in Las Vegas, Nevada

42 months ago

First, to server in White Plains.

I do not earn less than mimimum wage. Sorry to bust your bubble but I am only speaking out against tip credits and tip pools because I know what they are and how negatively they affect both workers and customers.

Secondly, to Bill in Princeton

Bill you stated,
SECOND The following occupatiosn have been recognized as falling within the eligible category---(1) waiters/waitresses (2) bellhops (3) counter personnel who serves customers (4) busboys/girls (server helkpers) (5) service bartenders.

THIRD----Occupations therefore not eligble to participate (in tip sharing) (1) Janitors (2) Dishwashers (3) Chefs or cooks (4) Laundry room attendants.

Can you cite me the law that says this? Of course you can't. What you have quoted is an unofficial opinion pubished by the U.S. Department of Labor. It's called fact sheet .015 tipped employees under the FLSA. Several district courts, the Ninth and the Sixth, to name just two, have ruled that parts of this fact sheet should not be given deference due to the fact that there is no statutory language to support much of what this fact sheet states. Please see. Cumbie v. Woo and Kilgore v. Outback which both discredit this particulart fact sheet.

Now, as a matter of common sense.

Please ask yourself this question, what right does a law have to define who is entitled to the customer's private property, his tip?

The notion that federal laws qualify or disqualify certain types of employees as eligible to receive a share of each and every customer's tip is ridiculous. Only the customers who presents a tip is authorized to determine who is entitled to his tip. Don't you see what a ridiculous idea it is to suggest that federal laws define who the cusotmer's tip belongs to? Show me the law.

How can there be eligible catagories of employees who may share in the customer's tip when it's the customer's right to determine who his tip belongs to?

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Bill in Princeton, Kentucky

42 months ago

I can apprecaite your frustration and have no argumant that the laws, regulations and enforcment tend to be in favor of the employer. Sorry to burst your bubble as the statements I made ARE NOT from any fact sheet, but rather directly from the Agency's Field Operations Handbook, the official policy and guidance from the Wage Hour Division of the U.S.Department of Labor. Fact sheets are just fact sheets and do not carry weight of law. They are there just for guidance for employees and employers, nothing more.The Agency has issued many Administrator Opinion Letters which support the FOH and these opinion letters are heavily relied upon by the courts.Your "reasoning" concerning "common sense" and the customer's "rights" is great for a TV show but that's not the way "things" work in real life.

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George in Las Vegas, Nevada

42 months ago

I just want to thank the owner of this site for the opportunity to speak out against one of the biggest scams this country has ever seem.

Our public is tipping billions of dollars a year in an effort to improve the living conditions of many lower middle class workers across our country, and yet, unknown to most of the public, the tips they are graciously presenting are lining the pockets of those wealthy enough to own their own business.

While I have no problem with success in business and while I believe in the Ameican way, I cannot condone what is currently going on in the service industry. Tips are not intended to enrich business owners, nor are they intended to keep a unqualified business owner in business. If you can't run a business without stealing the tips customers are presenting your workers, then you shouldn't be in business.

There is absolutely no excuse for what's going on in the service industry. Business owners are treating the customer's tip as if it bleongs to the business. As a consumer and concerned citizen of this country I say to business owners, Get your greedy hands off my tips. If I want you to use my tips to pay your worker's minimum wage, I'll give my tip to you, not to one of your workers. But untill I give you my tip, get your thieving hands off my tip. I have not authorized anyone to share my tip among certain types of workers. My tip is my private property and no one else's. If I want my tips shared, I will share it myself. ]

I am sick and tired of business owners stealing their workers tips to the point where their workers have to beg me for even more tips. I like tipping. It's my constitutional right. It makes me feel good to help others in need. But I'll be damned if I'm going to just sit bacn and watch business owners take advantage of me and their workers the way they curretnly are. You are stealing private property. You are not going to continue getting away with it.

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George in Las Vegas, Nevada

42 months ago

Bill in Princeton,

So in real life, certain types people should get robbed on a daily basis?

So in real life, if you're not rich enough to open your own business, then you shouldn't have any property rights?

So in real life, business owners should be able to steal people's private property?

I just don' get your point Bill. Maybe I am living in a make believe world, but, I actually think that all people should have property rights, not just those who are rich.

Don't you think a business owners should have to get the customer's consent before he pockets the customer's tip?

Maybe that Constitution we have should be filed under fiction. That's not the way things work in "real life".

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George in Las Vegas, Nevada

42 months ago

Business owners are stealing the tips customers present their workers and corrupt judges across our country are condoning such acts as unprohibitted business practices.

These corrupt judges want us to believe that if there is no labor law prohibitting businesses from stealing the customer's tip then such business practices are legal.

Recently, the Ninth Circuit, Cumbie v. Woody Woo, ruled that federal law which explain that all tips received by the employee are to be retained by the employee only apply when an employer is indirectly taking part of an employee's tips through a tip credit.

What this ruling means to tipped employee's is, the Fair Labor Standards Act only protects a worker's tips when the employer is indirectly stealing part of the worker's tips through a tip credit. If an employer is prevented by state laws from taking a tip credit, or, if an employer chooses not to take a tip credit, then there are no laws that prohibits an employer from taking his worker's tips.

The way the couts are currently interpretting our labor laws, tipped workers loss either way. If their employer takes a tip credit, he can indirectly take their tips away by deducting a part of them from their hourly wages. However, if their employer is unable, or chooses not, to take a tip credit, then there is no law prohibitting te employer from directly taking their tips.

Why would a federal law attempt to protect tips only when an employer is indirectly taking part of them? Why would any employer want to take a tip credit where he is limited as to how much he can take for himself? If an employer doesn't take a tip credit, he can apparently steal every penny customer's give his workers. What a wonderful country...........

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server in White Plains, New York

42 months ago

If you are not involved in the restaurant business, as you claim, why does the tip credit bother you so?
Give it up, George.

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George in Las Vegas, Nevada

42 months ago

Why does the tip credit bother me?

Did you read my posts?

You don't think that there is something wrong with stealing people's private property?

Customers are graciously tipping certain workers in the service industry and our government passed a law that allows employers to indirectly steal this money for themselves.

I have had tips, lots of tips, stolen from me through tip pools. I know what it's like feel defenseless against an employer stealing your tips. No man should have to endure feeling like he doesn't have the same rights as others around him.

Why is it that if I were to steal your propery, right in front of you and the world, I would be locked up in prison, but when people steal my property, there is no law against it?

The tip credit is a law that states that it's ok to steal from some of our poorest workers. Do you think that's a good thing?

If a workers receives $5.00 an hour in tips,

First off, he's probably not earning much in the way of hourly wages to start with. That's why the public is tipping him.

Secondly, the tip credit allows his employer to reduce his hourly wages to an amount $5.00 an hour less than minimum wage.

What this means to the employee is, his tips are not doing him any good at all. While customers are giving him an addition $5.00 an hour, our government passed a law that allows his employer to indirectly take the tips for himself by lowering the employee's hourly wages by $5.00 an hour.

Instead of the tips benefiting the employee, the tips are benefiting his employer. While the employee is not benefiting at all from the tips customers present him, his employer is seeing a savings of $5.00 an hour in staffing costs, thanks to the customers who think they are tipping his employee.

I guess if you have no problem with fraud running rampant through are society, you just wouldn't be able to understand why the tip credit bothers me.

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Retired and moved on in Providence Forge, Virginia

42 months ago

Waiiting tables is eeeaaasy money- it's simple. I would gross anywhere from $50-$70K yearly and sleep in everyday.

This is what you need:
A bit of wit, nice teeth and smile, and an clear understanding of the use of proper english. If you are percieved as uneducated then you will get tipped like the uneducated. Read a book now and then and know how to speak correctly. Groom yourself- looks do count in this industry and it pays better to look good, so it doesn't hurt to tighten up and spend an extra five minutes brushing your hair (nobody is at the gym during the day when you are off!)
Watch the news (not John Stewart, but actually the real news). Those with cash to spend didn't become wealthy by reading the MTV ticker. You can then have an actual discussion and be even more respected by customers- again $$$.
Ditch the corporate chains, everyone knows there is no money there and a bunch of people trying to get a free steak dinner because they swear up and down that a tiny fringe of melted or burnt cheese is hair. Where do you grab a beer after work? Yes, that place is always busy- and full of waitstaff spending their dollars- good tippers. Brown nose them for the good job!
$2.13 is the norm- dept. of labor does not require a minimum wage in the service industry as long as the tips combined with the hourly average out to the minimum wage. So if you make $50 in a 6 hour shift, you actually make over $65- and that is about $11/hour. The only way to prove if you haven't is by claiming your tips!
Most fun job I've ever had and being intelligent got me connected with an even better desk job (not cleaning up barf)! Good luck y'all!

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leah in Cleveland, Ohio

42 months ago

Sean Michael in Sturbridge, Massachusetts said: I work at Red Robin, and make great money. This sunday I made $220 alone, after tipout. We have a high turnover, and tips are pretty good. I know people who serve at Applebees and it SUCKS. The only people that make money there are bartenders, and they do pretty good. Applebees has got to be one of the most horrible places to wait at.

i am a waitress at applebees and i make pretty decent tips, even for a lunch shift, which i rarely have, i made 70 after tip out for only 5 hours of work. you can leave with 200 or you can leave with 50 its all about how you serve, not applebees in general. because applebees is a very popular place.

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justin in West Hempstead, New York

42 months ago

Hi everyone. I am a new waiter i work in a low business place. I make 5 dollar a hour plue tips which arent a lot. Now they want me too pay taxes. i want too know how are the taxes broken down what percent is taken out of my pay/tips. i make 25 shift pay and from nothing too at most 4o in tips. is it broken down by only my tips or all the business we do. PLZ PLZ PLZ if someone has any info plz let me know thanks very much

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mike in Ballwin, Missouri

41 months ago

terra in Mchenry, Illinois said: Hi where i live it is 4.50 an hour plus tips .. I generally make about 150.00 a shift .. My checks are about 140.00 +/- every 2 weeks ... We do not get taxed on our tips how can they tax our tips they don't know what we make LOL thats my bosses statement anyways

The IRS assumes you make at minumum 12% on tips from your sales. Someone will have to pay taxes on that assumed money...Good luck in jail!

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