IS THIS LEGAL.......make a server tip out other employees....?

Question

my friend works for a italian resturant owed by a corp.THEY MAKE HER TIP OUT 1% TO THE HOSTESS,1% TO THE BARTENDER,1%TO THE FOODRUNNER AND 1.5% TO THE BUSSER.Then the food runner works only on weekends but they still take it out.how can this be legal? they hired a silverware roller, now she has to tip her 3 dollars a shift.her checks are 0.00.she must surrender 4.5 % of her totl sales to other employees.help somebody!!!this is in Tx but is there a law for all servers oh yeah, she makes 2.13 an hour.

thank you for all the info.i found out that it is illegal to force a server to tip out nonservice bartenders,silverware rollers cooks,and dishwashers.i agree with you that she should tip out her help.but i dont believe she should be forced to do it by her employer.shes tipping out 4.5% a night ,and to a foodrunner that doesnt work mon thru thursday .the law says that if an employer takes the credit,the employee keeps all their tips unless they volunteer to tip pooling.....a number of large corportions are being sued by a lawyer in houston texas.this attorney is filing a class action lawsuit on behalf of servers in texas for the unfair practices of large corportions that take advantage of the tipped employee.most people think that serving is a loser job and the person cant do any better.the opposite is true.servers can make alot of money..i think she has a case.anytime you are forced to tip an employee that does not come in direct contact with the customer you are breaking the law .

the attorney is going after wages example.if you worked 100 hours and were making 213an hour,min wage is 585,it will go like this 585-213=369...369x100hours worked 369.00 now this is going to go back 2 to 3 years of back pay.i think my friend has a case.i hope it teachs those greedy as corportions not to cheat the faithful employees

they take out ..SHE DOESNT VOLUNTEER...20% OF TOTAL SALES.she cant just quit.she is a single mom of a 2 year old and she is in college.I WATCH HER SON FOR FREE so she can go to college.shes a hard worker,the system gets to her thro.

Answer 1

Federal minimum wage is $5.85. I do not know what your states minimum wage is, but she's getting ripped off.

Look at this site and anonymously report them:

http://www.laborlawcenter.com/federal-minimum-wage.asp

Answer 2

Hostess seats the customers at her table and gives the first impression on service. Bartender mixes the drinks, good drinks make for better tips. Foodrunner gets the food out while it's still hot. Busser has to clean up the mess, and in some instances provides beverages... coffee, water, etc. for the clientel. Silverware roller helps to make a better table presentation.

All of these people can make or break the waitress' tips. Why shouldn't they get a cut? Why would she NOT want to skim a little off the top to ensure she gets good service from them, when ultimately, it is the team effort that determines how good her tips are? 4.5% of her tips should be the STARTING point, just like we're told 15% of the cost of the meal is the starting point for tipping.

I know that when I've had a pleasant experience with the dining staff, I leave a much better tip than if the service is "average", and while the waitress is the most visible of the staff, I take into consideration all aspects of my dining experience.

Food service employees are exempt from the minimum wage laws. Perhaps your friend should lobby the lawmakers (who, by the way, are notorious for "stiffing" waitresses) to change a law that is unfair in and of itself, so she can make a decent wage BEFORE tips.

Answer 3

$2.13/hr is normal for a server. Some restaurants don't require a tip out for the other employees, but some do. She's getting tipped on her total service, which includes food running, seating, and drink service. She could always find a different place that doesn't require a tip out, but she will be running her own food, rolling her own silver, and still has to tip out the bartender if she wants to maintain good drink service (the bartender is there to earn money, too!). This will result in a lot more time "in the weeds" and probably lower tip percentage which will probably result in a lot more work for her without any monetary gain.

Answer 4

yep it is legal sorry to say and the $2. something an hours is also, because they expect you to make the tips up in order to get minimum wage, yes it sucks not all restaurants do this though have her check around at other restaurants. Yes she is doing the hard part I would certainly look into other careers though but that is how they figure it, just make sure that her tips are not being taxed on her for the other people tips also. have a good one and happpy hunting

Answer 5

It is not legal in CA, I don't think it is legal in other states either but I am not sure. Also, she should definately not have to tip out to someone who wasn't even there. For the rest of the people however, she should tip out. The percents are suppossed based on sales since sales should refect approximate tips earned and the people she is tipping out help her earn those tips by bussing her tables so she can get a quick turn around, bring out customers food, making silverware is ready, etc etc. However, if she feels like no one helped her during her shift she should have the right to tell them "hey you didn't help me, so I am not going to tip out today". However, if they help most of the time I would still tip out. If you piss of your coworkers it could make your work very unpleasant. I would suggest she talk to her manager. And - you aren't suppossed to do this but... - only report 8%-10% of sales as tips even if you earn more so that you don't lose so much of the paycheck. However, I have served for a while and I end up with $0.00 checks a decent amount since they are taxing your pay and tips and taking it all out of your paycheck. Make sure your friend does her taxes so she can get some of it back! I know it sucks sometimes but the people you have to tip out are earning their living on tips too and probably make less if they are relying on being tipped out.

Answer 6

Yes, it is legal. I went through the same problem a couple of years ago. But you should report and keep record of your tip-out so you do not get taxed on it. The illegal part is that generally the bussers and hostess do not report their tips and if you are audited the irs will compare your tip out's reported to the other people's tips.

Answer 7

It's legal in Idaho and I think it's totally legit. I have been a server and I would tip my bussers way more then what we were required to, becasue you want them to help you out when you are busy. They can really make or break your night. You have to help out the people that help you. That's how things work.

Answer 8

I'm a waitress in IL. I make $4.50 an hour and i tip out 1% each to bus & bar. We run our own food and we hand out silverware and napkin when greeting a table. I just found out that the busser make the same per hour as me and gets tip out at end of shift, and he works his butt off...... that would suck!!

Answer 9

Anything is legal with the tipping part since the company has the right to choose how to distribute it.

But isn't $2.13 less than minimum wage? I don't think that's legal!

Answer 10

The entire bit is legal. Sorry

Answer 11

man yes it is thats bull its crazy cause if you dont make that much money you have to share thats why im searching for a new job now