question about tip based work

[JennK2009]

You have to earn minimum wage for all hours worked, within a pay period which is usually two weeks. Figure your paid by the employer wages and add your tips to that. However many hours you worked in that pay period, MUST be at least the minimum wage.

For example: I am a tipped employee that makes a tip wage of $2 an hour, and min wage is $8 (not the real wages, I'm just using even numbers to keep this simple) I work for 20 hours per week. I add my paid wages and my tips together. I must earn at least: 40 hours (two week pay period)x8=$320. The $320 is a combination of my tip wage and my actual tips. If my tips do not bring my pay up to $320, my employer makes up the difference, (and, then usually cuts my hours!) Make sure you keep very accurate records. How does your employer record your tips?

I would start looking for a new job. Any employer that wants to play games with your minimum wages due is someone you do not want to be working for. It's bad business practice to be penny wise and pound foolish. Good luck

 

[eerelations]

"wreaked"? Really?

 

[juntjoo]

I found this:

" Furthermore, other courts have held that assigning a tipped employee nontipped duties to be performed for a substantial, distinct period of time, such as before opening or after closing, may remove those duties from being incidental to the employee’s tipped duties, in which case the employee would be entitled to the full minimum wage during that time."

on this site:

www.boardmanclark.com/reading-room/court-upholds-dols-20-limit-on-tipped-employees-cleaning-and-prep-work/

regarding the fast vs applebees

but this only touched upon this issue of WHEN the work is assigned. I've yet to learn those important details.

thanks for your replies justalayman but try to refrain from slipping passive aggressive comments in.

 

[juntjoo]

"wreaked"? Really?

oozed? radiated? hummed at a very low low frequency? anyway, she's alright. she just didn't have an answer to my concern and got frustrated. she's pregnant so I don't want to stress her out. aamof, she let me go without the post shift side work, but as usual I busted my butt when not driving and aamof exceeded the 20% max of side work (%time of tip based work), in my case 36 min of a 3 hr shift that they can pay minus minimum wage. so I earned my hassle free discharge.

 

[Silverplum]

After reading your thread, I don't know why any of the volunteers would want to help you.

oozed? radiated? hummed at a very low low frequency? anyway, she's alright. she just didn't have an answer to my concern and got frustrated. she's pregnant so I don't want to stress her out. aamof, she let me go without the post shift side work, but as usual I busted my butt when not driving and aamof exceeded the 20% max of side work (%time of tip based work), in my case 36 min of a 3 hr shift that they can pay minus minimum wage. so I earned my hassle free discharge.

 

[juntjoo]

You have to earn minimum wage for all hours worked, within a pay period which is usually two weeks. Figure your paid by the employer wages and add your tips to that. However many hours you worked in that pay period, MUST be at least the minimum wage.

For example: I am a tipped employee that makes a tip wage of $2 an hour, and min wage is $8 (not the real wages, I'm just using even numbers to keep this simple) I work for 20 hours per week. I add my paid wages and my tips together. I must earn at least: 40 hours (two week pay period)x8=$320. The $320 is a combination of my tip wage and my actual tips. If my tips do not bring my pay up to $320, my employer makes up the difference, (and, then usually cuts my hours!) Make sure you keep very accurate records. How does your employer record your tips?

I would start looking for a new job. Any employer that wants to play games with your minimum wages due is someone you do not want to be working for. It's bad business practice to be penny wise and pound foolish. Good luck

thanks Jenn. I'm not planning on leaving that easy. been here 4+ years and like my coworkers and job for the most part. sometimes some adjustments need to be made or information learned. hence my research and "attitude" and apparently the attitudes a butt load load of Applebee's employees.

I'm sure I actually exceed min wage, but I must and then some to maintain my vehicle, a factor often overlooked. but what I don't like is being put to cheaper work than everyone else when their are no tips to legitimize it.. so until I get all info on the post/pre shift work, I'll just keep my eye on the 20% rule.

I could go by earned tips equaling min wage, but that would be too "fair" on the part of a cheap replaceable commodity, as most of us are treated. not complaining, but such corporate behaving co's don't deserve your consideration unless you're being treated with like respect. hence I go with the most generous legal guideline: 36 min max on my 3 hr shift else pay me the big bucks! lol.

but see my point? can an employer then require a server on a 6 hr shift perform an hr and 12 min of side work because they were busy the whole shift? I could see employer arguing 'yes, since they made so much in tips' but really, who paid them that money? didn't they earn it fair and square? hasn't all monies/services/products at this point been transacted legitimately between between employee, customer, and employer? why then must employee when no longer needed for main job required to work an hr+ like a slave?

 

[Silverplum]

Applebees: it's not just a career, it's where Ricky Bobby likes to eat.

thanks Jenn. I'm not planning on leaving that easy. been here 4+ years and like my coworkers and job for the most part. sometimes some adjustments need to be made or information learned. hence my research and "attitude" and apparently the attitudes a butt load load of Applebee's employees.

I'm sure I actually exceed min wage, but I must and then some to maintain my vehicle, a factor often overlooked. but what I don't like is being put to cheaper work than everyone else when their are no tips to legitimize it.. so until I get all info on the post/pre shift work, I'll just keep my eye on the 20% rule.

I could go by earned tips equaling min wage, but that would be too "fair" on the part of a cheap replaceable commodity, as most of us are treated. not complaining, but such corporate behaving co's don't deserve your consideration unless you're being treated with like respect. hence I go with the most generous legal guideline: 36 min max on my 3 hr shift else pay me the big bucks! lol.

but see my point? can an employer then require a server on a 6 hr shift perform an hr and 12 min of side work because they were busy the whole shift? I could see employer arguing 'yes, since they made so much in tips' but really, who paid them that money? didn't they earn it fair and square? hasn't all monies/services/products at this point been transacted legitimately between between employee, customer, and employer? why then must employee when no longer needed for main job required to work an hr+ like a slave?

 

[justalayman]

if you have an issue, file a wage claim with the FLorida department of Labor..


Oh, that's right, they don't have one so you file with the federal department of labor or sue your employer.


you are really missing the part about wage averaging though and it counts ALL of your tips as they are considered wages for the purposes of minimum wage whether you want to acknowledge that or not.

 

[juntjoo]

yeah justalayman, I got that. just not which guideline takes precedence over the other. 20% rule or tips + hourly rule. suppose you make a million dollar tip, report it immediately over the IRS 24/7 hotline, then your employer... why wouldn't they then just keep you there past closing time to prep mountains of silverware unless the 20% rule takes precedence? again I might be missing something here but I assure you im not consciously avoiding acknowledging that info. nice shot again tho. you're doing better.

 

[OHRoadwarrior]

After reading more of his thread, I don't why his employer kept him as long as they did. I used to regularly work 12-14 hour days. Of course I made more in an hour or so than he does in a day apparently.

After reading your thread, I don't know why any of the volunteers would want to help you.

 

[LdiJ]

yeah justalayman, I got that. just not which guideline takes precedence over the other. 20% rule or tips + hourly rule. suppose you make a million dollar tip, report it immediately over the IRS 24/7 hotline, then your employer... why wouldn't they then just keep you there past closing time to prep mountains of silverware unless the 20% rule takes precedence? again I might be missing something here but I assure you im not consciously avoiding acknowledging that info. nice shot again tho. you're doing better.

Anybody that gets a 1 million dollar tip is NOT going to stick around for the boss to do that to him/her. Nor would the boss want to stick around that long himself/herself just to get some extra work out of the employee.

 

[Silverplum]

Anybody that gets a 1 million dollar tip is NOT going to stick around for the boss to do that to him/her. Nor would the boss want to stick around that long himself/herself just to get some extra work out of the employee.

Not to mention, million-dollar tips are one in a bazillion. Hardly an "argument" worth discussing.