working in a bar.

[Banned_Princess]

What is the name of your state (only U.S. law)? NY


Hi guys. small issue I would like some advice about.

My sister was hired to bartend a few towns away last night. she worked all night, and being a first time bartender she had some small issues like customers not paying for their drinks and whatever. She told the bouncers who had to kick a few people out. Whatever the problems that came up, she didnt deserve to be treated the way she was.


I am not sure about the specifics of the evening, but i know the conclusion, that in the end of the night, the owner refused to pay my sister, and made her walk home (5 miles at least) at 4 AM.

I intend on calling the business owner, but i would like to know if maybe I should just have her call the labor board instead. Should she see a lawyer tomorow, or should I just try to get the owner to pay her, and leave it at that.
Thanks guys.

 

[cyjeff]

She can be fired, but must be paid.

Did she collect a tip out?

 

[commentator]

Very important question. Did she fill out pre-employment paperwork, I-9, tax withholding form, go through an "above the table" hiring process? Was there an assumption she was going to be on a payroll somewhere? Or was it just a "Come over here and tend bar for me tonight and I'll give you $XX and tips.

If not a legitimate job, she is pretty much out of luck as far as the Department of Labor Wage and Hour division is concerned.

If she was a legitimate payroll employee and the employer refuses to pay her, she can file a complaint with the wage and hour division. They'll likely go in, though it may take a while, and get them to pay her. Otherwise, she might file a complaint with them that this business is working employees off the books, and they'd probably investigate it eventually but it won't help her get paid.

A ride home isn't the employer's responsibility.

But then, he may be a complete dummy who doesn't understand employment law. You might be able to call him up and threaten him with legal action, threaten him with the Labor board, the wage and hour division, threaten her pressing charges for assault, sexual harrassment, whatever else you can come up with, and scare him into giving your sister whatever he agreed to pay her for this job even if it was a very informal hiring arrangement.

But if he doesn't comply, she may have very little recourse except not to take a job like this again.

 

[Banned_Princess]

She can be fired, but must be paid.

Did she collect a tip out?

No, she didnt get paid anything. even tho the agreement (normal business practice in bar employment) was to be paid at the end of the shift. i have no idea why she didnt get tipped at all. being the reason she couldnt get a cab home.

I think as long as she is eventually paid, all will be good with the labor board, right? thats too bad, I want to try to get leverage to get her compinsated for the walk home.

lol, ok guess not. the leverage for that would be other claims to mistreatment...

 

[Banned_Princess]

Very important question. Did she fill out pre-employment paperwork, I-9, tax withholding form, go through an "above the table" hiring process? Was there an assumption she was going to be on a payroll somewhere?

No.

Or was it just a "Come over here and tend bar for me tonight and I'll give you $XX and tips and a ride home"?

"Tend the bar on saturday, You will be paid 8.00 an hour, plus tips at the end of the night."

If not a legitimate job, she is pretty much out of luck as far as the Department of Labor wage and hour division is concerned. The "labor board" usually deals only with union issues in most states.

Well, she doesnt want to claim unemployment, she wants to be paid for the work she did. I thought the labor board also took complaints about employers not paying employees.

If she was a legitimate payroll employee and the employer refuses to pay her, she can file a complaint with the wage and hour division. Otherwise, she might file a complaint with them that this business is working employees off the books, and they'd probably investigate it eventually but it won't help her get paid.

I see... I guess that is leverage.

There is no agency, no law that requires he not treat her poorly in some unidentified way, no law says he can't tell her she's fired, or can't "force her to walk home." For gosh sake, wasn't she expecting to provide her own way to and from work? Couldn't she call a cab, call you, whatever? A ride home isn't the employer's responsibility, no matter what he may have told her earlier.

i think she was expecting to get paid, to get a cab home. I (and no one else) was certainly not up at 4am to get her call for a ride home. i guess she learned that lesson! I think she was kinda drunk too, her biggest mistake in my oppinion.

But then, he may be a complete dummy who doesn't understand employment law. You might be able to call him up and threaten him with legal action, threaten him with the Labor board, the wage and hour division, threaten her pressing charges for assault, sexual harrassment, whatever else you can come up with, and scare him into giving your sister whatever minimum wage would be for this job or whatever he agreed to pay her, if it was in fact as I suspect, a very informal hiring arrangement.

Tis my plan

But understand that if he doesn't comply, she may have very little recourse except not to take a job like this again.

Well, Shoot for the stars, and hope to not crash into the ocean. lol. thank you

Serious lesson learned, We are all happy at least nothing happened to her on the way home.

 

[LdiJ]

No.



"Tend the bar on saturday, You will be paid 8.00 an hour, plus tips at the end of the night."



Well, she doesnt want to claim unemployment, she wants to be paid for the work she did. I thought the labor board also took complaints about employers not paying employees.




I see... I guess that is leverage.




i think she was expecting to get paid, to get a cab home. I (and no one else) was certainly not up at 4am to get her call for a ride home. i guess she learned that lesson! I think she was kinda drunk too, her biggest mistake in my oppinion.




Tis my plan



Well, Shoot for the stars, and hope to not crash into the ocean. lol. thank you

Serious lesson learned, We are all happy at least nothing happened to her on the way home.

That might be why she didn't get paid. Did she pay for her drinks?

 

[Banned_Princess]

That might be why she didn't get paid. Did she pay for her drinks?

I was hoping that wouldnt be an issue, maybe that wouldnt be a reason not to pay her. i have no idea. she had no money going in, so maybe the patrions bought her drinks? or maybe she did get tips, then bought drinks, expecting to get paid so she didnt need the cash? I seriously doubt unlimited drinks was part of her casual employment agreement... I will bring that up to her.

 

[cbg]

And, I'm going to say to you the same thing I've said to many other a poster, and I'm surprised no one else has said to you by now.

You have no standing to do anything with regards to your sister's employment issue. Butt out.

 

[Banned_Princess]

And, I'm going to say to you the same thing I've said to many other a poster, and I'm surprised no one else has said to you by now.

You have no standing to do anything with regards to your sister's employment issue. Butt out.

well, im not really butting in. she obviously sucks as a person, or she would have been able to handle this herself. Obviously i need to tell her what to do, cause please know this. i would have never been in this situation. I would have not drank, i would not have just been tossed out on the road after working the bar all noght, not even being able to use the phone for a cab, and i definately would not have needed to ask what to do. she is, she does she did.

 

[cbg]

You are butting in if you call the business owner, which you expressed your intention of doing in your first post. If anyone calls the business owner, it should be your sister.

 

[cbg]

What is the name of your state (only U.S. law)? NY


Hi guys. small issue I would like some advice about.

My sister was hired to bartend a few towns away last night. she worked all night, and being a first time bartender she had some small issues like customers not paying for their drinks and whatever. She told the bouncers who had to kick a few people out. Whatever the problems that came up, she didnt deserve to be treated the way she was.


I am not sure about the specifics of the evening, but i know the conclusion, that in the end of the night, the owner refused to pay my sister, and made her walk home (5 miles at least) at 4 AM.

I intend on calling the business owner, but i would like to know if maybe I should just have her call the labor board instead. Should she see a lawyer tomorow, or should I just try to get the owner to pay her, and leave it at that.
Thanks guys.

Just posting for posterity, before it gets edited.

 

[Banned_Princess]

You are butting in if you call the business owner, which you expressed your intention of doing in your first post. If anyone calls the business owner, it should be your sister.

I think at this point, the owner is not going to take her seriously. i have already explained to her, this whole thing is her own fault. she should not have drank, she should have brought money and a cell for her ride home, she should have brought someone with her to protect her at the bar. the bouncers did not have her best interest in mind, they were there to protect the bar, not her. the owner had no obligation to make sure she got home, only that she be paid, or at very least told why she wasnt being paid. if she leaves this as it is, he (the owner) is likely to do this again to another unsuspecting victim. i am not here to keep her from solving her own problems, or growing up. i just needed info on the labor board, which i got an answer i had not expected, but good to know.

so, in conclusion if someone with a backbone (me or her boyfriend) calls the owner to adress this, it might be resolved. if not, she will loge a complaint with the labor board that they are employing people under the table, then not paying them. she learned an important lesson, that she should remember... (drunk people rarely remember anything properly)

done and done.

Thanks guys. I appreciate the feedback.

 

[Banned_Princess]

Just posting for posterity, before it gets edited.

h aha. I am not going to edit anything. she is a grownup with no backbone. I have no problem calling the boss, and claiming to have more authority then i have. i also have no problem sitting with her, for her to call the actual authorities on this shady business owner. this will be resolved with my help, and thats the end of this story.

plus i could just delete the whole thread, so dont act like i cant get rid of it because you quoted me.

 

[pattytx]

She was an employee, plain and simple. It's irrelevant that the employer chose to break the law and not treat her as such.

However.

As an employee, she must be paid no less frequently than semi-monthly and no more than seven days after the end of the pay period (no matter what pay frequency the employer uses).

So, in order for the NY DOL to get involved, she'd have to wait until whenever that was supposed to be, THEN file a wage claim.
http://www.labor.ny.gov/formsdocs/wp/LS223.PDF

There is also a dedicated task force in NY handling employee misclassification issues.
New York State Department of Labor - Misclassification of Workers

Why would you EVER think about contacting this company on her behalf? If she's old enough to tend bar, she's old enough to handle this herself. The boss has no legal obligation to talk to you AND it could just pi$$ him off enough to take his chances and NEVER pay her.

 

[stealth2]

Quit enabling your sister, B_P. Tell her to grow up and be done with it. That you and/or her honey think it's okay to call her boss and whine to him about how she didn't get paid is ridiculous.

And feel free to delete the thread - we'll know you did.

You've lost whatever bit of credibility you may have had before now.