posted on Jul, 30 2004 @ 02:13 AM
In Massachusetts and California ( 2 of the 3 states I have cooked in) "tipping out" in a forced manner is illegal . The waitstaff has the right to
a secret ballot deciding on the practice with no intervention allowed by management . One restaurant I worked for voted against pooling their tips so
that everyone kept what they earned .
The problem is getting a vote to take place without being a whistle blower , and losing your job in the process . I know you are also taxed on your
gross receipts , and if someone stiffs you , you actually wind up paying for part of their meal .
You might want to drop an anonomous dime and rat your employers out . They should take the full responsibility of compensating individuals , and if
you have a busser who busts their tail for you , and helps you get an extra turn of tables , it should be your good judgement to reward them , not
forced upon you .
This is a common tactic used in the restaurant industry in my experience , to lower the wages used to guide insurance benefeits , full time
employment status , social security deductions etc.
These rules are required to be posted in California , and you can usually find them posted under the bottom shelf , behind the greasy rags ,
next to the dishwasher chemicals next to the garbage disposal , which are behind the stumbbly feet of my drunken dishwasher buddy Javier. Good luck
finding them .
Try the labor board before you say ANYTHING at work , usually a quick trip to the door if you make waves .
Or the IRS , lots of $$ in restaurants , and you may be a small fish , but the owners aren't !!!
good luck !