• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

employers charging waitresses

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wayne-o

Member
What is the name of your state? TN

I have a friend who was working in a Mexican restaurant. I was surprised to find out that all the waitresses are working at this restaurant for "tips only". Well, the state DOL found out about informed the owners that they would have to pay the wait staff. So, they started paying around $3 per hour which I think is the norm, however, at the same times they charge the waitresses 2% of their sales at the end of their shifts. So if they sell $1000 dollars they have to give the owners $20 for working. This doesnt sound so legal either, any thoughts?
 


Some Random Guy

Senior Member
If it sounds fishy, then contact the dept of labor and find out. This sounds like a tip pooling arrangement, which may be legal in the state. Do you know if any of that 2% goes to the kitchen/bus staff?
 

wayne-o

Member
2% might be cheap in normal circumstances, it just seems odd that these charges started the same time they were fined and had to start paying the waitresses
 

Zigner

Senior Member, Non-Attorney
2% might be cheap in normal circumstances, it just seems odd that these charges started the same time they were fined and had to start paying the waitresses
What seems so odd? That the business owner had a system that was working, but then found out it was illegal...so he then tried to comply with the law by changing his system?
 

Betty

Senior Member
My understanding is that waitresses must be paid a salary that along with tips equals the min. wage & if it doesn't, the employer has to make up the difference. As Some Random Guy suggested, if things don't seem kosher so to speak, I would contact the state DOL.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top