- August 15, 2023
- Posted by: legaleseblogger
- Category: Related News
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Finding a job as a server/waitress has been a goal of mine for quite some time. I am passionate about working with others and providing excellent service to customers. Currently, I am 19 years old and enrolled in college, and I have held a few jobs in the past.
Fortunately, I recently secured a position at a small chain restaurant in my local area. However, as I reside in California, I am aware that the state has stricter workplace laws compared to other regions. During the hiring process, I was informed that I would receive a base pay of $10 per hour in addition to a “percentage” of tips. Although I had some reservations, I knew that it was not uncommon for servers to earn less than the minimum wage. The minimum wage in my area is $15.50, which means that I am currently making $5.50 less than what is legally mandated.
Curious about the pay structure, I reached out to a former coworker at the restaurant who had worked there for a year. I asked her about her experience with pay and whether she had also been underpaid. She revealed that the manager would typically retain around 50% of the day’s tips, distributing the remainder among the servers who worked that day.
After conducting some research on serving jobs and minimum wage regulations in California, it seems apparent that I am being taken advantage of in terms of compensation. Disappointed and frustrated, I have decided to address this matter with my manager during my scheduled shift today. Even if my manager were to offer an increase in pay, I am uncertain if I would want to continue working in such an environment.
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In this situation, an AI Legalese Decoder can be invaluable. It is clear that there are potential violations of labor laws and tips regulations occurring at this restaurant. By leveraging an AI Legalese Decoder, you can easily decipher and comprehend the legal jargon often found in employment agreements, contracts, and minimum wage laws. It can help you understand your rights as an employee and the legal obligations of your employer. With this knowledge, you can approach your manager armed with the necessary information to assert your rights and seek fair compensation.
[Updated Content]
Just a quick update: I am currently at work for my scheduled shift tonight. I took the initiative to speak with my store manager about my pay concerns. To my surprise, he admitted that he is not even aware of how much I am supposed to be paid since he does not handle paychecks. In an attempt to resolve the issue, I called the store owner, who responded with a text that read, “CAN I CALL YOU BACK?” I agreed to this and waited patiently. However, it has been an hour, and I received a belated response stating, “Contact shift leader Denny for further questions. I can be in touch on Monday.” Given the lack of response and the fact that I do not feel well today, I have decided to take my break and contemplate driving home. I feel neglected and unimportant.
Update number two: As I mentioned, I informed my manager that I was not feeling well and had not received satisfactory answers to my questions. Surprisingly, his response was that nobody ever told me I would be paid $10 per hour. He even accused me of abandoning my job if I chose not to return to work. Faced with this disrespectful treatment, I made the decision to quit. At this point, I am unsure if I am being gaslit or if I am genuinely losing my mind. Regardless, I hope that this experience will serve as an opportunity for me to find a better job where I will be treated with the respect and fairness I deserve.
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****** just grabbed a
even service jobs are bound by CA wage laws – shoot, I’m sure they’re a big reason they exist. Report the business and look for fairly paid work elsewhere for sure
I spent a year after getting my cosmetology license being absolutely used like this as an assistant – they’ll dangle the dollar in hopes of keeping you just desperate enough to hang on, but it’s not ok and it’s not legal under CA law
NAL: If you’re training and not receiving tips, you should be paid a training wage at least equal to minimum wage. Once you are making tips, you can be paid at the service rate + tips equal to or more than minimum wage. (Edit: this is not true in CA, see below) I’ve never seen a place where a manager is allowed any of your tips. That is also true in California per the following:
[ARTICLE 1. Gratuities [350 – 356]] (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=351.) ( Article 1 enacted by Stats. 1937, Ch. 90. )
351.
No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment…
[This link](https://www.dir.ca.gov/dlse/faq_tipsandgratuities.htm) also describes the nature of the relationship of a tipped employee and their employer.
I hope this helps.
I’m not a lawyer, but I’m pretty sure they’re breaking a bunch of laws. In CA, you need to be paid at least minimum wage (some states, tipped jobs are still as low as $2.13/ hr). And management is also not allowed to take your tips.
[removed]
Labor Code Section 351 provides that “every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for”. The section has been interpreted to allow for involuntary tip pooling so long as the tip pooling policy is not used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron or are in the chain of service to a patron.
In California, restaurant workers are entitled to the full minimum wage for every hour worked. You should receive this wage in addition to whatever money you earn in tips.
Contact the labor board.
Edit; added link
https://www.dir.ca.gov/dlse/faq_tipsandgratuities.htm