Super shady restaurant employer - need advice (Philadelphia, Pittsburgh: credit card, employment)

[frogface]

Hey all! So, I took an interim job at a restaurant and didn't think to ask them in the interview whether they were shady or whether they complied with the department of labor laws. They haven't had me fill out an I-9 or any paperwork, claim that they "don't pay for training" (and when pressed, snarkily said "okay, we might pay, but it would only be $2.50 an hour so it wouldn't even be much after taxes") and have a ton of other issues.

The only documentation I have -- because there's been no clock-in info -- is an email chain with the owner indicating which days I should show up for training. It's run by people who are from a different culture, and perhaps they are either taking advantage of that by operating totally illegally or perhaps they just don't know. (I really don't think it's the latter). It's almost the principle of the thing at this point; my $50-75 isn't the issue.

They are also charging me a 5% processing fee on credit card tips, which is likely legal (seems there are some municipalities, like Philadelphia, where bills have passed against this, but not Pittsburgh?) but super shady and offensive. I have to take the hit for the privilege of customers using their credit card to pay for their meals, something I have no choice over?

Now I'm venting: they don't have any signage (in any language) about labor laws (required by the Dept of Labor); they don't have anything posted indicating their liquor license (this was a law in the state I moved from, but not sure about PA?); they don't even have a handwashing sink or sanitation system.

Perhaps I'm extremely sensitive to all this because I was a restaurant manager for several years in charge of new-hire paperwork and sign postings; but I am planning on contacting the authorities regarding this place.

Anyone had to deal with this kind of shady stuff before? Have any advice for dealing with the various authorities (Dept of Labor, Health Dept, Liquor Licensing Board...) in the Pittsburgh area?

[sskink]

The 5% fee on tips should tell you they're trying to rip you off. It might be they're holding off on the withholding forms until you pass "training", so I don't think you can get them on that... yet.

The Dept of Labor signs are indeed mandatory and the fines for not posting those are significant - are you sure you've checked everywhere, like an employee break room or changing area?

However, the kicker is the lack of handwashing station(s) (not sure what you mean by no sanitation - not even a 3-compartment sink?). The ACHD (Allegheny County Health Department) would slap them pretty hard for that and no signage on employees needing to wash hands etc.

Sounds like they'd find a bunch of other stuff too.

I'd run. There are way too many restaurants on the up-and-up to be messing around with an owner as sketchy as this one sounds.

[frogface]

Heh -- there's no break room or anything at this place. I actually scavenged during my shift yesterday, looking all over behind storeroom boxes, in the walk-in cooler, everywhere I could for such signage. Nothing.

There's a three-compartment-sink, but it isn't set up with a quat sanitizer system. Yesterday they instructed me to wash several glasses behind the bar....with water. Not even soap. No spray bottles with bleach or other sanitizer for the tables - just dishtowels that soak overnight in soapy water.

The "manager" (the place is so disorganized that I am not even sure of everyone's particular position - kind of that thing that happens when a place is family-run and everyone thinks they're a manager because they've been around long enough) I spoke to about training wages acted put out about it -- "we'll have to get some paperwork and your information for taxes and it will take over a month because our accountant is out of the state" -- as if those things were a burden and not a normal cost of doing business. Granted, this means they don't have my documentation, so perhaps this would all be hearsay or not functional info for a legal matter.

I am very grateful to have been offered another job that begins in a week at a much more reputable and organized place! Thanks for the reply.

[groar]

they can't pay you $2.50 an hour ($2.83 actually) for training unless you are getting tips to bring you over minimum wage - your employer only gets to pay you less than the minimum if you are making tips to bring you over that. i'm not sure what the rules are for unpaid training but just springing it on you after you've started certainly doesn't sound right.

shady all around, i'd seek employment elsewhere and sic whatever authorities you can on them.

[I_Like_Spam]

Since you're leaving this job, make sure you get every nickel that's due you- this guy doesn't sound too solvent.


I wouldn't bother snitching on this guy (if he pays you what you're due), he's not long for the restaurant business anyhow and this kind of report doesn't look good on your resume. Other employers might not realize how out of bounds this guy was- and almost every employer knows they could be accused of not obeying every jot and tittle of the regulations themselves.

[ferraris]

I would think you can report anonymously. Obviously you can't provide as much evidence that way, but you won't hurt your own career in anyway. I'd at least tip off the county health department.

[groar]

yeah i am pretty sure that a report to the health department/nlrb/whoever does not show up on your resume. especially if you don't put it there! i guess if you can't report anonymously (but i think you can!) and your name is attached to the report somewhere and it's a matter if public record a potential employer could ostensibly look it up but i don't think researching any and all health & labor violations brought against all your former employers just in case you reported them is something people really do when considering a candidate anyway.

[frogface]

Yup, you can "snitch" anonymously. I wouldn't want to work for an employer whose jots and tittles were so poorly crossed that they violated labor laws, anyway, so if a potential employer feared that I'd be a troublesome whistleblower for their shady doings I wouldn't want to work for them anyway. Labor documents, sanitation and appropriate pay are really not that hard to keep up with if you run a non-shady business. And I'll be sure to keep that info off my resume.

[cakeums]

My cousin worked in a restaurant in Pittsburgh that sounds eerily similar to this one. She is a student at CMU. She left after not too long...they were holding her tips and giving her a percentage of them, it was a family run place, shady practices, etc.

[okaydorothy]

As a former employer in a different state, it is definately a nono to have an employee start working and not have them sign a tax form. That was always the first thing that I had signed on the first day. Also in NY state, you have to have a certificate of workers compensation up on the wall for the whole world to see.
5% for credit cards ; I used to pay about 2% to the credit card company.

If it smells like a rat and behaves like a rat, it is a rat. I would quit asap.