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It is illegal to pay less than the Federal Minimum Wage, period.
A neighbor of mine is an attorney who specializes in suing restaurants on behalf of employees when the employees have been screwed somehow. It is a matter of arithmetic: how many hours worked, how much in the paycheck. Usually the problem lies in fraudulent Social Security Numbers purchased in the black market by employees. For example, one case had two separate "Jose Martinez" employees at the same restaurant, and each had purchased a social security number to use. The restaurant mistakenly paid Jose Martinez #1 the overtime owed to Jose Martinez #2. Stupidly, the restaurant didn't make it right, and Jose Martinez #2 contacted my neighbor to sue.
And won, of course. Jose Martinez #2 got his several hundred dollars he was owed, and the court awarded my neighbor about $20K in attorneys fees.
.
Sure, yeah, if they don't get enough in tips to equal minimum wage, the restaurant has to pay them at least minimum wage.
The point is that restaurant servers are not minimum wage earners. They usually earn far more than that, so not have diners eat in cut into their pay by ALOT.
The best workers who were retained and had to keep working instead of watching netflix and getting 600/week from the feds on top of regular UE benefits, and now $300/week, the people that worked through the entire pandemic deserved and deserve tips!
They are not 'cashiers' they are servers who rely on tips.
No. I used to during the worst of the pandemic when people were really hunkering down and restaurant workers were really taking more of a risk to go into work. But I stopped doing that a few months ago at least.
I tipped more for a while, but I'm starting to get peeved at takeout. A lot of places are suggesting a tip based on the amount after tax. Some places are basically forcing a tip of a certain amount at checkout. I ordered online and fixed the tip to what it should be and it wouldn't let me submit the order so I went and corrected what it said I did wrong. Lo and behold, I checked out and there was their inflated tip. Fortunately, I have choices. I'll be ordering from elsewhere at a place that isn't trying to gouge me.
It is illegal to pay less than the Federal Minimum Wage, period.
A neighbor of mine is an attorney who specializes in suing restaurants on behalf of employees when the employees have been screwed somehow. It is a matter of arithmetic: how many hours worked, how much in the paycheck. Usually the problem lies in fraudulent Social Security Numbers purchased in the black market by employees. For example, one case had two separate "Jose Martinez" employees at the same restaurant, and each had purchased a social security number to use. The restaurant mistakenly paid Jose Martinez #1 the overtime owed to Jose Martinez #2. Stupidly, the restaurant didn't make it right, and Jose Martinez #2 contacted my neighbor to sue.
And won, of course. Jose Martinez #2 got his several hundred dollars he was owed, and the court awarded my neighbor about $20K in attorneys fees.
I always do.
To funny , my sons law firm only defends the employers in wage hour cases.
As he says , they rarely win , their job is to lessen the damages and to keep it from becoming class action.
Not only don’t insurers who cover law suits for companies cover wage hour issues but it can be criminal not paying proper wages so penalties run high …the name of the game is just minimize the damages in out of court settlements
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