mtdjed |
07-10-2022 12:51 PM |
Quote:
Originally Posted by retiredguy123
(Post 2074844)
It is not correct that the tip is added to the minimum wage. Tipped employees are usually paid much less than the minimum wage, and the restaurant is allowed to apply the tip income to make up the difference between the lower wage and the mandated minimum wage. The court case, cited by the OP, ruled that the service charge could not be treated as tip income for the purpose of making up the difference between the lower income and the minimum wage.
I understand your point, but I don't think the restaurant can have it both ways. If they are charging a service charge for service, I don't think they should keep that money, and then to expect the customer to pay an additional fee in the form of a tip to the server. Just my opinion.
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In Florida, there is a minimum wage for most employees which I believe is $10/hour. For tipped employees, there is a separate minimum wage rate of $6.98. (There are exceptions to the minimum wage ). Typically, waiters, bartenders etc are considered tipped employees whereas a cook or dishwasher are not. So I would assume that these other workers are paid at or above the higher minimum wage. I have read theat a "Service Charge" can effectively be used by the management to be applied by the management to meet the minimum wage requirement, thus I believe that to discount the tip due to a service charge would wrongly hurt the Wait staff.
However, I migrate to someplace like McDonalds or Culvers. I would argue that the workers there would all be non-tipped employees and therefore should be paid the $10.00 minimum wage.
A tipped employee would be foolish to working the job without getting tips that would exceed the $10 minimum wage. Since the tip is based upon meal value, the best of these jobs would be in high volume, high cost restaurants. A meal of $100 at 20% tip would be $20. Depending upon sharing pool split , that could easily exceed the higher minimum wage. Several tables an hour could be a nice wage. Thus, a waitress who says she is paid $6.85/ hour is only telling a portion of the story.
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