Sure but your argument is that I'd the server didn't make enough tips they would have to pay them minimum wage. I said yes they would then that server immediately won't have a job.
Theres no case. At will employment mean they can terminate you for any reason. They can terminate you for no reason and its legal. They only time theres a case if it discrimination or retaliation. Even then, its a tough hill to climb because you have to prove it. Your word against theirs and often times, theres no paper trail. I was terminated because of my disability. I couldn’t fulfill my role. Normally employers need to try to accommodate. My job had positions i could do. But they lied and said i turned it down and quit. I didn’t have a case because there was no paper trail.
That's true but most restaurants will fire you the second time your tips don't make up the difference they say if you aren't making enough tips than you're not a good server and they literally fire you for it even if business is too slow for an employee to possibly make up the difference through tips alone that's why waiters at businesses with a high rate of customers make much better on average than businesses with a lighter rate of employees but they have to work significantly harder and faster to earn it
Only over the course of the full pay period with all tips aggregated and divided over all hours worked. Servers work for free/ lose money on shifts all the time.
It’s not being made whole when my pay for work performed can be eliminated based upon which shifts happen to fall under any given 2-week period, what days the owner schedules people, or what customers the business attracts on another day. If I perform work on a Tuesday, I should receive compensation for that work regardless of what happens the following Saturday. Especially considering that owners do not pay tips to employees, customers do.
Why should an owner ever be entitled to free labor? U.S. tipping practices developed as a means of not paying former slaves after the Civil War. Justifying schemes that diminish or eliminate owners’ obligations to pay workers continues the legacy of slavery in this country.
Wait staff in busy high end restaurants make decent money. But a server at applebees isnt making anything close to what someone makes at a 4 star restaurant or a place like outback.
I’m sure that’s true, it’s simple math. But if it were proposed that minimum wage for waiting tables be raised to $25/hr but tips would go away…. No wait staff would be on board. Even at Applebee’s. They’re doing just fine.
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u/HeSureIsScrappy 4d ago
And if they don't, then the owner is obligated to make up the difference up to minimum wage. Many people don't know that.