Originally posted by jann1033
i know many waitresses make lots more on tips than what would equal 15% and am sure some don't declare it all( worked as waitress long ago and know they didn't then and sure some get around it now also) but the fact is if i do not leave at least 15% i "am" costing them money since they will be paying taxes on the 15% the government "says" i left them. if enough people do that it can add up. they won't get it refunded just becasue they didn't make it, they consider the 15% earnings. since it's cash you couldn't prove you got less than that.
I am not an accountant nor working for the IRS. However, common sense tells me that IRS would not know what you earn, it is the owner of your restaurant reports your "income" to the IRS and in order to cover the fact that you are underpaid, they claims that you have made 15% on the tax. Obviously it is working, because in situations/restaurants where this practice is in place is because the waiter does make at least the 15%. If enough people
not paying the 15%, and people are making less than the minimum wages, this practice will not be in place, or they cannot legally report earning that you do not make.
For places that pay the minimum wages or above, it is unlikely for them to add the 15% as the waiter's wages or that they may report a different rate, i.e. it is not the law.
When someone accepts a job, he/she enters an agreement with the owner on providing a service in return for income, as I said before the wages is a negotiation between the employer and the employee. Just because the owner makes a mistake in reporting the income, it is not the customer's responsibility to make sure it is corrected.
I understand people's difficulty and I do not see the practice changed anytime. I think I am arguing for this partly because there are times I do not understand why I continue to pay around 15% even for services that did not deserved except that both the waitstaff and the customers know that tips is "expected" , then come to see some of those mean spirited comments.
Unless it is changed to service charge, tips is an acknowledgement of (good) service, as you can see NY dropped the charges for a man who did not pay the tips even it is listed in the menu. If for some reasons, a waiter is not making "enough" it should be a discussion with the owner. If a customer should not eat in a restaurant because he/she does not plan to pay tips, there should be a sign on the door.