Comments on: On Notice

By: umm...waiter?

umm...waiter? — Wed, 19 May 2010 03:25:29 +0000

I recently went to a lawyer for something along these lines. I work in a restaurant that does tip-sharing. The managers that we work for get a full share of the tip pool. A few of my coworkers and I went to the lawyer to see if this was legal. The lawyer explained that the state (OH) looks at employees in two categories: exempt and nonexempt. This means they either can or they can’t get tips. This varies by state but, if a manager makes salary and does “exempt work” (hiring/firing for example) they CAN’T receive tips. They have to fit both qualifications. So, if a manager does “exempt work” but does not make salary, he or she CAN receive tips. Now I know that it is perfectly legal for my manager to hit on the girls at the host stand while I run my ass off and STILL collect his tips. Time to polish up that resume.

By: Paul Reid

Paul Reid — Fri, 12 Mar 2010 21:47:28 +0000

Michael T. Sweeney, Esquire, of Lyman & Ash is also a great lawyer who works out of Philadelphia for waiters in New York who have been screwed out of tips. 215-732-7040.

By: YesIAmAWaitress

YesIAmAWaitress — Thu, 04 Mar 2010 01:55:15 +0000

It is NOT illegal to take credit card percentages from tips if they are being charged on them by the credit card companies. Besides, everyone is benefiting from a restaurant’s ability to take credit cards in the form of higher sales. I am a waitress and love to be one. But I do think it’s our responsibility to share in this charge and not leave it all on a business owner. That being said, the absentee restaurant owners and corporations can suck it. I’m basically talking about small restaurant owners who are owner/operators and work their asses off like the rest of us. Of course, my bosses are awesome and treat us great, so I’m happy to help in return.

“Credit Cards: Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, then the employer may pay the employee the tip, less that percentage. This charge on the tip may not reduce the employee’s wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.”

http://www.dol.gov/whd/regs/compliance/whdfs15.pdf

By: iluvny

iluvny — Mon, 22 Feb 2010 18:06:36 +0000

When are they sending out the checks? Are they sending the preferred stock first? Can you just turn around and sell the stock? Is the $$$$ coming in increments or in one check?

By: ThePhantomWaiter

ThePhantomWaiter — Thu, 11 Feb 2010 19:25:15 +0000

I currently work for Mortons and am waiting for my check to come in. I agree that it is a load of crap that they still require servers to tip out managers for boardroom events. The managers are busy running the main floor and hardly ever set foot in the boardroom, other than maybe to audit the bill (a.k.a, make sure everything has been charged).

That being said, I really like working for the company, and the restaurant I work at in particular. Most servers bitch about the restaurant they work in. I’ve worked in enough establishments to know that this place is a gem to work at from the standpoint of what they offer “YOU” as a server. The guests they attract SPEND MONEY, a typical 4-top runs over $500, putting a hundo in your pocket. And you are making at least $30 off of every duece…not to mention how expensive it gets for larger parties…If you want to bitch, leave and flip 35 cheap, money-grubbing low lifes at Applebee’s or something like that…you won’t know what you had till it’s gone.