Quote:
Originally Posted by OrangeBlossomBaby
Explain that to the managers AND employees of the restaurants in the villages that engage in this practice. I tried explaining it to one of the hostesses, she said this is how her manager does it, this is how her paycheck is cut, and if she wants better she has to find a better job. Which - she is in the process of trying to do. She's not the only one who's made comments about this practice, and it isn't the first restaurant I've heard about that does it.
Just like it's against the law to drive your non-street-legal golf cart 21mph - good luck enforcing it.
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A smart employee would document the illegal practice over a 6 to 12 month period. Then, quit and hire an employment attorney to sue the restaurant for back pay and punitive damages. And then, make a negotiated settlement with the restaurant to prevent other employees from doing the same thing.
Note that this is not only a civil matter. It is also a criminal matter. In a restaurant, there is a clear delineation between tipped employees and non-tipped employees by IRS rules. If the restaurant is compensating non-tipped employees with tip income, they are commiting two crimes. They are stealing money from the tipped employees, and they are evading taxes by not properly reporting the tip income paid to the non-tipped employees.