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Should I start out as a server at a restaurant?

Can a restaurant treat its servers like this?

  • I've been looking up some information online all morning, but would really like your input/ links to other information you find. I work at a recently opened small restaurant in Texas. They owner has never owned a restaurant before and I'm not sure they're following state or federally imposed guidelines. Here are some things I have questions about. 1. We open at 8 for breakfast but not a single person ever comes in that early (we've been open for almost a year now, if they wanted breakfast you'd think they'd come in by now.) I start to get tables between 11 and 11:30 usually. I go in at 8:30 and do side work and kitchen prep stuff until I get a table. I'm only getting 2.75/hr. Is this okay? I thought I read somewhere they if you go an hour without making tips they have to pay you min. wage (7.25) for that hour. Is this true? 2. Also, is it legal for them to make us do "side work" that involves us doing kitchen work that involves us prepping food and making desserts? 3. If we're busy the managers will step in and help take to go orders and phone in orders. At any other place I've ever worked the managers have never, ever taken a tip. If its a cash tip my current manager got at the register they reach their hand in the tip jar and pocket it. If its on a credit card they keep it under their name. At my previous jobs the credit card tips get pulled from the register and placed in the tip jar for the servers to split at the end of the shift. The owner of the restaurant even went so far as to "help" another server out by taking a table's order for him. But she put it under her name and at the end of the meal pocketed the tip. This can't be okay? Its very frusterating sometimes, and I'm not sure if this is okay or what to do. Any helpful information you can find would be much appreciated. Thanks!

  • Answer:

    I've worked in many restaurants, and unfortunately, i believe if you make tips at all, you are considered a "tipped employee," and you can be paid the tipped employee minimum wage, which you said is $2.75 where you live. Most restaurants do make their servers do "side work," which can include all sorts of things, including cleaning restrooms, rolling silverware, etc. But since during your shift you do have the possibility of making tips, they don't have to pay you regular minimum wage. As far as the managers taking tips, they are probably doing it illegally. At the end of your shift, you guys claim your tips right? You have to legally report all your earnings to the government, that includes tips. And I'm sure the managers are NOT claiming this money they are taking. Contact your local Labor Department.

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I can't help much with the legal issues being British but it doesn't quite sound right. I work in a restaurant in the UK and we get paid a standard rate, regardless of tips. 2.75 an hour is horrendous considering the work you have to put in. That is maybe something you should look in to. As for kitchen duties, that's something i regularly do but again... i get paid to in my standard wage. At my workplace managers do take a tip if they've been working alongside everyone else in the restaurant, be it serving or in the kitchen. If they haven't... no tip for them. But thats maybe because they are managers... not owners. Hope your problems get resolved swiftly :)

Mark Andrews

It's completely ridiculous what places pay their servers. It's freaking hard work, and tips are meant to count as a bonus. I worked at a hotel where we were expected to turn in our tips and split them up, which is also bogus. You should get to keep the tips that you earn. That probably wasn't helpful, but I just wanted to say so.

Jonie

It is illegal for managers/owner to take tips in the state of Texas. I would call the labor board and report them.

Kelly

The owner of any store, restaurant, job, etc can do whatever they wish in their own company. If you are hired by them then yes you have to work for them the way they choose to have you work. If you don't like the job then its time to move on because you aren't helping the business being so negative. If business is slow they can put you to work doing other things since they are paying you. If you were hired for a certain amount then they don't have to pay you more just because business is slow. There is no rule that I am aware of that you get minimum wage if there are no customers. It would be no different than if you were not a good waiter or waitress and had lots of customers but they just didn't tip you. You would get paid the same either way. If you questions things then your best bet is to call the Restaurant Authorities in your area and check on things vs complain. Complaining only gets you in a worse mood and then that makes working there even harder. I think that you will find though that he can take any tips he wants if he earns them no different than you can and you don't have to pool tips either since that is up to the owner of the establishment how tips are done. It sounds to me thought that you are not a happy camper there so I suggest you just move on. If he wants to stay open all day and gets no customers that is totally up to him and he can keep you busy all he chooses since you are working there for him. Unless in your contract before you started work you stipulated that and made an agreement on paper accordingly.

'Sunnyside Up'

Hey, I looked online and I found this article and I've copy a section and left credit at the bottom. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference. I hope this helps. What it means is if you since you aren't making tips when you do the other stuff; if the employer doesn't have you on the floor long enough or if the tips are slow that day then the owner has to pay the difference.

Midnight

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