Quote:
Originally Posted by HoustonMilfDebbie
This is nothing new and I am surpised you are just now aware. I am a co-defendant in a class action suit because employees working for $2.13 per hour didn't make enough tips to even make minimum wage. Breaks all national labor laws, I believe. It's not my position to say the name of the "corporation", but this is the second class action I was a co-defendant of, based on the same complaint.
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Certain classification of employees in the food/beverage service workers are exempt from the "minimum" wage or a "special" minimum wage is set for them. An employer in that area must be careful about "equality" of wages among persons in the same classification.
Also, several factors are at play in determining how tips are paid, and when. It may be the result of poor job performance causing lower tips, bad shifts, poor record keeping by employers, pooling tips by co-employees, and simple stealing by the employer and/or co-employees. Then, of course, the worker simply not reporting cash tips to the employer and/or the IRS.
BTW: "Classification" in that context doesn't mean a label slapped on by an employer (or supervisor) it means job function and actual discription of duties. Labor, EEOC, and other oversight agencies will look at that, along with the job manuals published by the company to make that determination.
