Do you make LESS than Minimun wage?

Luv'sTink

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Apr 18, 2006
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I see a lot of post on the Dis about wait staff making less than minimum wage usually $2.15 an hour, if you are one of those people, please post.

I would like to know where you live that your employer is getting away with not paying minimum wage and you HAVE to live on your tips. I know there are people who only make minimum wage and use the tips to supplement but I want to hear from those actually making less than minimum and are working legally.

I would like to hear from someone who makes $2 an hour even if they have a bad shift and didn't make enough (in tips) to bring their hourly wage up to the minimum wage hourly pay.
 
Well, I don't now but in high school and college I did. Employers don't have to pay minimum wage for a tipped position and it was/is perfectly legal. I made 2.01 an hour.
 
There are legal exemptions to minimum wage and waitstaff is one of them. I know some waitstaff that worked in some upscale restaurants making close to $50/hour with tips.
 
Hmm, I thought all waitstaff was payed about $2 an hour - that's the way it worked when I did it years ago. That's why it's so important to tip well - that's how they make their money!
 

golfgal said:
There are legal exemptions to minimum wage and waitstaff is one of them. I know some waitstaff that worked in some upscale restaurants making close to $50/hour with tips.

There are no exemptions. They are using the tips to supplement the hourly wage. If they didn't make enough in tips they would have to pay them minimum wage.
 
My cousin (lives on Long Island, NY) recently got a job as a car salesman. At the moment, he's only making $150/week. Sure, he's also working on commission, but when you aren't selling any cars (which he hasn't yet), that doesn't leave you with a heck of a lot in your paycheck. His birthday's coming up, so he's getting a check in the mail from me to help out!
 
Maybe it is only Washington state. I think anyone who is not getting at least minimum wage needs to look into their own state laws...............copied from the Washington State Deptartment of Labor and Industries.

Can a business count workers' tips when making sure they get at least minimum wage?
No. Businesses may not use tips as credit toward minimum wages owed to a worker.
 
Luv'sTink said:
Maybe it is only Washington state. I think anyone who is not getting at least minimum wage needs to look into their own state laws...............copied from the Washington State Deptartment of Labor and Industries.

Can a business count workers' tips when making sure they get at least minimum wage?
No. Businesses may not use tips as credit toward minimum wages owed to a worker.

Yep, and thankfully we also have one of the highest min. wages in the US. Its higher then the federal requirements. Of course with the cost of living here it has to be more!
 
Luv'sTink said:
There are no exemptions. They are using the tips to supplement the hourly wage. If they didn't make enough in tips they would have to pay them minimum wage.

I know how it worked at the resturant my dd worked in for a year or so...Sure, if you didn't make minimum wage even with your tips then they would supplement your pay out of your boss' bonus. Yep, you can imagine how well that went over with the manager.

Very, very few people claimed few enough tips to fall behind minimum wage per hour (they would claim more tips than they got on extreemly bad shifts) because there were reprocussions from the boss for claiming less than minimum wage. Usually ended up fired within a couple of weeks.

Their shifts tended to run four hours and they all hated it if they got a shift running 1:00pm to 5:00pm (just about everyone had to work it a day or two a week). The resturant would literally have three tables full and three servers on. The manager would never let any servers go during that time because it was when the majority of the cleaning and stocking was done for the day. Essentially the servers became janitors and prep people for 2.15 an hour.
 
When I started waitressing 10 years ago I made $2 per hour.

I now make a whopping $3.50 per hour, but there is talk of increasing our pay by $1.80 when the minimum wage raises so then I would be making $5.30 per hour.

My REAL paycheck is the TIPS I make every shift.

It's the way it's always been done and probably the way it always will be.

The one thing I hate is people who DON'T tip, EVER. Sure, occasionally a customer may forget if they're talking to family or friends and it just slips their mind, but for regulars who just never, ever tip I would just like to tell them that not only do I get the "privilege" of waiting on them for free, but I also get to PAY TAXES ON THEIR MEAL!!! Many people don't know this, but we servers are taxed on a percentage (for us it's 8%, I don't know about other states) of the total sales for our shift.

Thankfully MOST people tip, and MANY tip very, very well and we servers DO appreciate it!!
 
I'm with the poster above---I have done waitressing off and on for over 17 years--I hate when the restaurant will figure out how much you got in tips without even asking (not like they care anyways)---They will say "Ok you sold $500 in food,average tips are 15% so your tips are $75---Then they will tax you on the $75--Now you would think "thats not a big deal" BUT if you only made say $50 and your taxed at $75 that's even less you get to bring home.
Also if the checks were screwed up in anyway-they still went by what the computer said-not what the check said and you were responsible

There had been a few nights based on the above formula where I left the restaurant with nothing and a couple of those i had to borrow money from other waitresses because I owed the restaurant!!
 
irishbosoxfan said:
There had been a few nights based on the above formula where I left the restaurant with nothing and a couple of those i had to borrow money from other waitresses because I owed the restaurant!!

That really sucks! I would hope that if enough people complained about not being paid at least minimum wage something would get done, but alas I guess not.

Helenbear...that was the info I was looking for. However, it still states even with the tips you can not pay someone less than minimum wage.
 
Many servers greatly prefer this approach to the alternative.
 
I hate when the restaurant will figure out how much you got in tips without even asking (not like they care anyways)---They will say "Ok you sold $500 in food,average tips are 15% so your tips are $75---Then they will tax you on the $75--Now you would think "thats not a big deal" BUT if you only made say $50 and your taxed at $75 that's even less you get to bring home.

They aren't doing it just to be mean. Employers are required by law to track an expected tip amount.

Many years ago when I was working payroll to get through college, very few Wait Staff ever reported their tips as taxable income. These regulations were passed to force the payment of taxes.
 


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