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Never got minimum wage for 5 years as a waiter

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Ilirblaka13

Junior Member
I have been working at this restaurant for almost 5 years now. I have never been paid from the house like is the 5.00$ per hour here in NYC, i only worked for the tip so sometimes it could be 10$ per day and nobody ever cared if we are making money or not, they never bothered to pay me as a waiter that 5$ per hour, i think i deserve that money and its a really long time. This is one of the violations that they have done, many others follow this one, a lot more. Could anyone tell me, is it worth to sue the restaurant or not. I feel fooled and cheated, or they just probably took advantage of me for being an immigrant, (legal immigrant) .
 


Proserpina

Senior Member
I have been working at this restaurant for almost 5 years now. I have never been paid from the house like is the 5.00$ per hour here in NYC, i only worked for the tip so sometimes it could be 10$ per day and nobody ever cared if we are making money or not, they never bothered to pay me as a waiter that 5$ per hour, i think i deserve that money and its a really long time. This is one of the violations that they have done, many others follow this one, a lot more. Could anyone tell me, is it worth to sue the restaurant or not. I feel fooled and cheated, or they just probably took advantage of me for being an immigrant, (legal immigrant) .
Go here:

http://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm


There is contact info near the bottom.
 

shanehenry

Junior Member
It's not right but, ...

My wife, ex-wife worked as a waitress for years. Unfortunately, with tip based service jobs employers only have to pay 70% of min. Wage. You are even supposed to add 20% to that on your taxes and the employer DOES deduct it from taxes on your check.
For some reason other jobs that receive tips pay over min. Wage. I used to bartend on the weekends and made $9. Per hour but, I made 100 to 300 bucks a night in tips. I don't know exactly how they get away with it but, it's legal.
 

Just Blue

Senior Member
My wife, ex-wife worked as a waitress for years. Unfortunately, with tip based service jobs employers only have to pay 70% of min. Wage. You are even supposed to add 20% to that on your taxes and the employer DOES deduct it from taxes on your check.
For some reason other jobs that receive tips pay over min. Wage. I used to bartend on the weekends and made $9. Per hour but, I made 100 to 300 bucks a night in tips. I don't know exactly how they get away with it but, it's legal.
Please do not post to old threads. Pay attention to the date. Thanks!! Blue:)
 

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