A restaurant in Texas is about to find out

[AntivaxHunters]

This tweet is in the very early stages of going viral
This is straight up worker exploitation & violates federal labor laws but these fucking idiots were stupid enough to put it in writing.

Wage theft which this is, is never ok or acceptable.
Workers here at this restaurant need to file complaints with both the ACLU & Department of Labor. They should also unionize.

Oh & here's the Yelp of this place.
You know what to do 🙂
[link:
https://yelp.to/icgZmDrn9s|

[Delmette2.0]

1. This is why I tip in cash. nt

[Hortensis]

2. They SUPPOSEDLY confiscate and "pool" cash, then dole it

out as a PRIVILEGE to those considered deserving.

[Hortensis]

4. According to one tweet, the Food Network has been promoting them.

First -- is this REAL or a malicious attempt to use social media to destroy them? If real, these people would be off my list for life, but no to comments until then.

Second -- how long until this gets to actual customers, venders, Food Network, etc, and we start finding out? It's already come to DU.

[Eliot Rosewater]

6. If real, I am willing to bet which political party the owners vote for.

[Hortensis]

7. Lol, good luck finding a sucker here.

[Cobalt Violet]

5. Glad to live in a state where this is illegal.

Not good for those there.

[moose65]

8. Whew

I gotta admit, I've never worked in a restaurant, so I am ignorant of tipping policies.

Do most restaurants pool tips like this? If I'm reading this correctly, all tips are put into the pot and then dished out equally to the employees. When I tip in a restaurant, I'd like my tip to go to my actual server - not someone that I never even saw.

I would assume that most wage theft happens with the credit card tips. The restaurant just decides to keep that extra money.

[swong19104]

25. Even in standard restaurants, the tip

that goes to the server is used to "tip out" the busboys and others. The line cooks and busboys don't get an actual tip, so they get a portion from the server. If the server doesn't tip out those folks, they can make the server's life pretty miserable!

[MichMan]

28. I was a busboy many ,many years ago in college

Made minimum wage of $3.35 per hour. Worked 5 hours a night, so take home was around $15

Waitresses bragged about making $100 a night in tips on a typical weekend night. One time, one of them gave me $1.

[swong19104]

29. The wait staff didn't tip out to you?

Was it not standard practice back then?

[MichMan]

31. Just the $1 that I mentioned. One time.

No tips ever got shared as I recall. More like "I got mine." Most of the servers thought they were better than the lowly busboys anyway.

I did observe that the waitresses that were young, attractive & equipped with more impressive physical attributes seemed to get the biggest tips regardless of their job performance. Didn't seem like a very equitable arrangement, IMO.

[swong19104]

46. I have nothing against attractive young women using whatever they have

to earn a few extra bucks. That's the whole schtick, in a way, right?

But they do well because you do well, because the line cooks do well, and everyone else among the staff did well. Maybe that was a time when tipping out didn't happen. I think modern restaurant workers do tip out the busboys and line cooks and others. I could be wrong, as I don't nor have I ever, worked in a restaurant.

[ProfessorGAC]

34. I Did Busboy & Walter

Back in high school.
We got 10% of total tips. So, if there were 4 servers making $30 in tips each (this was 1972), the two busboys would get $6 each. An extra buck an hour.
Later at the same place, I got "promoted" to waiter.
Then, I had to put 10% into the kitty.
However, busboys were paid $1.65/hr and servers $1.05.
Still made more money as a waiter, but gave up $3.60 in salary.
But, 10% of tips were always pooled. That was typical around here.
I don't remember line cooks or pot washers sharing in the tips, though.

[MichMan]

35. How did you know what the tips actually were?

When the servers just grabbed the cash off the table and shoved it in their pockets ?

[ProfessorGAC]

47. Normally, The Busboys Got The Tips

We (later, they) would hit the table as soon as the customers left.
We'd pick up the tip, then give it to the server.
We had a pretty good idea how much we picked up.
For dinner service, Amex & Diners' Club were used a lot. The hostess & manager had to pay the servers in cash, so that amount was known exactly.
Did some people cheat a little? Probably. But, it's unlikely it amounted to much.

[MichMan]

48. When I was a busboy, we weren't allowed to touch it

It was the server's money and we didn't want to be accused of stealing it.

[ProfessorGAC]

55. I Can See That

Different places have different rules. I can understand the concern about being accused of stealing.
I was only there about 9 months.
I got a job at a banquet hall that paid a whopping $3.90 an hour. But, there were no night hours, which was better for other interests. 16 hours a week, so pretty good money for a kid in '73.
Then, in summers, it was 6 hours, 6 days a week. So, the summer job was already set.
I liked waiting, but Saturday nights interfered with the band stuff, and Tuesday & Friday interfered with basketball.

[madville]

43. Pooling tips is a common practice

It reduces staff fighting over the best sections and customers and provides a consistent allocation of tips across the entire waitstaff.

If there are 5 servers working a shift and they all know they’ll average a $150 tip distribution for an evening shift, it makes their pay more predictable and work less stressful. Otherwise it’s just luck of the draw, one server could make $300 and the other make $0, that’s not fair.

[onethatcares]

9. why would the employers be "tipping" employees?

I'm willing to bet the owners are a gas at parties. They probly sit around trying to find better ways to screw their employeees and then moan about "no one wants to work".

[marble falls]

10. Finally! A restraunt besides McDonalds, Starbucks, Chick-Fil-A that I can boycott.

[Wingus Dingus]

11. No call/no show should equal firing.

I don't really care about their tip policy. If the employees don't agree, they can find a different job. It's not a hidden policy.

[obamanut2012]

38. Wow -- exploiting workers is okay with you???

Because this is exploiting workers, especially since servers get taxed on tips based on business done. They already often have to pay taxes on tips customers "short them" with, and now this???????

Seriously, you are okay with this? Why?

[Captain Stern]

45. Wow--misrepresenting someone's post is ok with you?

Seriously, you are okay with this? Why?

[Wingus Dingus]

56. They are explicit with this policy, and there is no

shortage of restaurant jobs anywhere if someone doesn't like it. There must be a reason why they split the tips with the kitchen staff and everyone (does everyone get at least minimum wage, for example), and maybe that's fair or unfair, but they aren't hiding it.

[MichMan]

49. If someone doesn't have the common courtesy to call in when they aren't going to show up

I wouldn't want them working for me either.

[whopis01]

58. It is an illegal policy.

We have labor laws so that employers can not get away with the “if you don’t like it you can find another job” policy.

What if an employer announced that they were going to start paying less than minimum wage? Would you be ok with saying as long as it isn’t a hidden policy, the employees can just get another job if they don’t like it?

[Wingus Dingus]

59. If it's illegal then I'm sure it will be addressed. I don't know

anything about the operation of this business or whether it's in compliance with laws. But on the face of it, policy-wise, I just don't think it's a big deal. Maybe they prioritize kitchen staff over servers, maybe it's one of those places where you walk up to order or where most of the orders are takeout. It really doesn't seem like a crisis here.

[whopis01]

62. Employers can't withhold tips. They are part of the employee's pay

It isn’t a crisis, it is a crime. I don’t see anyone claiming otherwise. If nothing were done to address that could become a crisis.

The reason people are taking exception with it is simply the sheer audacity of someone announcing that they are going to break the law and feeling like it is their right to do so. It feels like that behavior is becoming more and more prevalent.

[Deuxcents]

12. I always tip in cash and actually hand it to my server.

I’ve heard too many stories like this one

[MichMan]

15. The establishment still requires all tips be pooled

Keeping it all for yourself is essentially stealing from your co workers.

Analogous to a place with a tip jar on the counter that is meant to be split evenly, and an employee sticking their hand in and helping themselves when no one is looking.

[Deuxcents]

19. If that's the case that tips are pooled..I'd quit.

Why should I bust my butt only to share with slackers.. nope

[MichMan]

27. What if you were the "slacker" ?

Or worked just as hard, but were not as young, attractive, or were equipped with less impressive physical attributes than some of the other servers? The ones that always seemed to get a lot bigger tips than you did.

[obamanut2012]

39. "Why should I bust my butt only to share with slackers.. nope "

Some of these responses on this thread are horrifying to me.

[madville]

42. Pooling tips is common practice

That way it is fairly distributed among all the staff.

It helps reduce bickering about who gets the best section or the best regular customers, etc.

Is it fair if server A gets great tables and makes $200 in a night and server B gets horrible tables and makes $50 for the same work? An equal distribution of $125 makes it fair for both and more consistent.

[gratuitous]

13. This reads like a penny-pinching nightmare

The restaurant apparently is going to keep track of who was five minutes late on Thursday and doesn't deserve to participate in tips. But a write up just gets you disqualified for that shift. A missed shift has to be off tips for the whole week; fired, you lose your tips for the current pay period; quitting without two weeks' written notice loses you tips for your last paycheck. In even a moderate-sized restaurant, keeping track of all this nonsense would consume several hours every week: "No, Claire was late on Wednesday, it was Julie who didn't show on Thursday. Bill walked out Monday when he couldn't take our bullshit anymore, and Hector was written up for not keeping customers' water glasses filled."

[3Hotdogs]

21. Gee. I wonder who gets to keep the tips from the sanctioned employee?

[MichMan]

14. Pooled tips are so unfair

Young attractive servers deserve to make much more in tips than older or less attractive servers. Especially if they are female with impressive physical attributes that many men find appealing.


Based on my observations many years ago working at a restaurant, that is how it works in many cases. It works the same way with male servers and female customers.

[Wednesdays]

24. And that seems fair to you. n/t

[reACTIONary]

53. Take note of the sarcasm tag. N/t

[Wednesdays]

57. Take note of the post #31

by the same poster. No sarcasm tag in that one.

[reACTIONary]

61. Neither of these posts seem to be inappropriate to me....

.... I neither agree or disagree with them.

But I am against wage theft, which seems to be what the OP is about.

[MichMan]

64. Because #31 was based on my personal experiences as a busboy

and what I observed. Why would I use a sarcasm icon?

One would have to be very naive to believe that tip amounts are never influenced by the physical appearance of the server. This applies to both sexes.

[obamanut2012]

40. Some of this thread thinks that's A-OK

Older woman? TOO BAD!

I know DU can be kinda anti-labor sometimes, but this thread is... illuminating.

[Old Crank]

16. Wage theft needs to be punished

with jail time for managers. This we pay it back several years later is nonsense. Charge them with felony theft and march them to jail.

[moonshinegnomie]

17. posted to facebook and the austin reddit sureddits.

[Initech]

18. And the MAGA morons wonder why people don't want to work.

If I had to sign a waiver like that, I'd tell the people there to go fuck themselves.

[Joinfortmill]

20. Ah, this is illegal, right?

[3Hotdogs]

22. It may not be illegal in all states. For instance, Texas is the only state that does not require

employers to have Workmen's Comp. insurance.

[AntivaxHunters]

36. It violates federal labor law

[3Hotdogs]

23. And I wonder why they have any employees. There are. "Help Wanted" signs all over the U.S.

That must be the same in Texas.

[Wednesdays]

26. But, nobody wants to work!

[3Hotdogs]

30. Fuck. I forgot about that.

[moonscape]

32. Just make menu prices be what you

need/want for your business, I decide if that works for me, you pay employees what you want, they decide if that works for them.

So sick of all the tipping issues!

[niyad]

33. How about we just legislate that restaurants pay a living, sustainable wage, so

tips are not necessary???

[MichMan]

37. Be fine with me, but I suspect many servers wouldn't like a pay cut plus being taxed on all of it.

I don't think customers like me would complain very much

[Mr.Bill]

51. In California, servers make full minimum wage,

which I think is as much as $17 in some places, and depending on how many people you employ.

[Mr. Ected]

41. Insanely tired of subsidizing a restaurant's overhead by tipping

Pay the staff a livable wage and let tips be for exceptional service and kept between the guest and the server. If your business model does not permit you to do so, then you need a new business model.

I run a small business. Wouldn't it be dreamy if I only paid my staff $3 an hour and then goaded my customers to pick up the tab for the rest (in addition to paying for the goods and services provided)? In what world is this normal?

[Demobrat]

44. Now some places are hitting you up for tips twice.

Once electronically when you order and pay and a screen asks you how much you want to tip.
And then there’s the jar for cash tips when you pick up your food. And this is for takeout.

I just don’t go back to places like that. Soon I won’t be eating out at all.

[Mr. Ected]

54. I've seen a tip jar in a drive-through window

And I'm doing a lot more cooking at home. Almost exclusively. I don't want to continue to feed a system that targets me for handouts in order to enable the owner to drive a Porsche.

[Celerity]

50. Not believing this until I see verified evidence. I trust social media as far I could toss Musk/Zuck

[ashredux]

52. In Austin?.....if this goes viral full blown... I guarantee they will see a change in income

[blogslug]

60. bold contradiction

Tips are a privilege! They must be earned!

Pay a decent fucking wage.

[Demobrat]

63. Tips should be between the server and the customer.

Nobody else should be concerned. I don’t leave a tip so the restaurant owner or manager can take it and decide what to do with it. I leave it for the person who took care of me.

This tipping system is taking the enjoyment out of eating out. Thank goodness I learned how to cook during the pandemic.

[DJ Porkchop]

65. Protect Ya Neck

[ZERTErYNOthe]

66. Restaurant wages

This thread brought up some memories, so a bit of a rant. One of my first jobs in the late 80s was at a fast food place. I got the job through the local job center, and was hired under Reagan's training wage program, where employees could be paid less than the federal minimum wage, and the federal government would pick up 50%. While minimum wage was 3.35, I was hired at 3.00, and my employer only had to pay 1.50/hour. I spent 90 days doing the shittiest work there, along with the other guy hired on the same day. At around day 89 both of us were fired, and the next day two more employees were hired under the same program.

The recent PPP programs and the associated fraud reminds me of this.

At the same time my sibling was a server at a national casual dining establishment. She discovered that the manager was doing bad math with time sheets. The manager was using minutes for the divisor. So, for example, if you worked 45 minutes, which should be 75% of the hours worked, you only got paid for 45% of the hours worked. They had been doing it for years.