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No server, in any city or state, makes less than the Federal minimum wage (unless someone is breaking the law). To continue trotting out this $2.13/hour nonsense is just an attempt to obfuscate reality.
They make minimum wage WITH tips added in, not directly from their employer. The only nonsense is your lack of comprehension.
No server, in any city or state, makes less than the Federal minimum wage (unless someone is breaking the law). To continue trotting out this $2.13/hour nonsense is just an attempt to obfuscate reality.
They make 2.13 an hour, it is called tipped wage. This means they they have to earn $30 a month in tips. If any week their check including tips is below $7.25/hour, they are paid that by the restaurant. Though even though it is the rule, it is typically the exception to it as the average employee makes $11.00+/hour on tipped wages.
Note, due to states with different minimum wages than the federal minimum wage, they actually need to make less in tips because the base is higher. Say for Arizona, the base is nearly minimum wage federally at $7.00 and the remaining tips would have to cover $3.50/hour to make Arizona's minimum wage.
They make minimum wage WITH tips added in, not directly from their employer. The only nonsense is your lack of comprehension.
No lack of comprehension here. Whether they get tips, or no tips at all, they will still make at least minimum wage. Whether that total compensation is provided 100% by the employer, or by a combination of the employer wage plus tips, is completely irrelevant. My previous statement stands as 100% correct.
They make 2.13 an hour, it is called tipped wage. This means they they have to earn $30 a month in tips. If any week their check including tips is below $7.25/hour, they are paid that by the restaurant. Though even though it is the rule, it is typically the exception to it as the average employee makes $11.00+/hour on tipped wages.
Note, due to states with different minimum wages than the federal minimum wage, they actually need to make less in tips because the base is higher. Say for Arizona, the base is nearly minimum wage federally at $7.00 and the remaining tips would have to cover $3.50/hour to make Arizona's minimum wage.
Yes, I understand that. You haven't provided any information that contradicts what I posted, so I am curious as to the point of your post.
They make 2.13 an hour, it is called tipped wage. This means they they have to earn $30 a month in tips. If any week their check including tips is below $7.25/hour, they are paid that by the restaurant. Though even though it is the rule, it is typically the exception to it as the average employee makes $11.00+/hour on tipped wages.
Note, due to states with different minimum wages than the federal minimum wage, they actually need to make less in tips because the base is higher. Say for Arizona, the base is nearly minimum wage federally at $7.00 and the remaining tips would have to cover $3.50/hour to make Arizona's minimum wage.
Wait staff has a separate federal minimum wage set at $2.13. This is the absolute lowest wages the employer must pay anywhere in the USA. This can not include tips, it is actual paid wages.
In Arizona, State law establishes (by citizen referendum) a minimum wage of $10.50 with the wait staff carve out being set at $7.50 excluding tips. So, in AZ every wait staff will earn at minimum without tips $7.50. With the allowable $3,00 tip credit, (an amount the State assumes every wait person is getting) it brings them up to the required State minimum wage $10.50.
If a wait staff person in AZ isn't getting cash wages of $7.50 an hour, they should file a wage labor complaint with the state. However, employers know that wait staffers are not the brightest of the bunch so most employees have have no idea what the law actually says and assume it's what Jane or Joe told them ir was because that's what they got 20 years ago.
You can see the chart in this article for a handy reference. $2.13 is federal minimum wage for a tipped worker, with the assumption that tips make up the difference between that an actual minimum wage. Some states and cities have instituted a different tipped minimum wage, but there are only 7 states where servers make the full minimum wage plus tips.
That's illegal. They should be making at least the federal minimum $2.13 regardless of how good the tips are. I would guess there is something else going on in those cases - undocumented workers, perhaps, or others who want to work off the books and keep all the cash and not pay taxes.
Quote:
Originally Posted by TaxPhd
No server, in any city or state, makes less than the Federal minimum wage (unless someone is breaking the law). To continue trotting out this $2.13/hour nonsense is just an attempt to obfuscate reality.
Quote:
Originally Posted by TaxPhd
No lack of comprehension here. Whether they get tips, or no tips at all, they will still make at least minimum wage. Whether that total compensation is provided 100% by the employer, or by a combination of the employer wage plus tips, is completely irrelevant. My previous statement stands as 100% correct.
Quote:
Originally Posted by mkpunk
They make 2.13 an hour, it is called tipped wage. This means they they have to earn $30 a month in tips. If any week their check including tips is below $7.25/hour, they are paid that by the restaurant. Though even though it is the rule, it is typically the exception to it as the average employee makes $11.00+/hour on tipped wages.
Note, due to states with different minimum wages than the federal minimum wage, they actually need to make less in tips because the base is higher. Say for Arizona, the base is nearly minimum wage federally at $7.00 and the remaining tips would have to cover $3.50/hour to make Arizona's minimum wage.
Yeah.. There's obviously alot of misstatements and misunderstanding on this.
A tipped employee base pay rate is (or can be) $2.13/hr
Let's say above employee works 8 hours and makes $50 in tips.
They've made $17.04 in wages, $50 in tips, which is $67.04 over that 8 hours for an equivalent pay rate of $8.38. That's perfectly fine. Assuming a $7.25 local minimum wage.
But.. let's say the server sucks, business is slow.. Whatever.. And this employee only makes $20 in tips over that 8 hours. Now, that is $37.04 in wages for 8 hours, which is 4.63/hr. The employer must pay them an additional $20.96 to bring them up to be making the federal minimum wage (Or more, pending on what the local minimum is)
I believe, and this part I am uncertain about.. I believe the calculation is not based on the day, as above, but over a pay week. So.. The above could STILL happen without the employee getting any 'kick-in' from the employer.
Let's say the above situation happens where that day the employee only made $4.63.. But other days, they did much better, so that over a weekly pay period, their average was $10.00/hr. Even though they were short that one day.. I don't think there has to be any kick-in from the employer.
Cash tips are generally 'off the books'. Some places do require those to be reported, but as mentioned before.. It's kinda the honor system. The server grabs the money off the table.. They either report it or don't.
I am not a server although I did it 20 years ago, but I'm wondering why servers have to share their tips with everyone else who works in the restaurant including the cooks/chefs? Because cooks are not paid a low server wage, $2.13 an hour, they are paid regular wages; so why are servers who make only $2.13 an hour required to share their tips with the cooks? It also seems to create a lot of problems amongst the staff who feel entitled to part of the tips and claiming the servers are trying to hide what they got.
I have never heard of sharing tips with the chef, only with the bus boys. That is odd to me, too.
Yes, I understand that. You haven't provided any information that contradicts what I posted, so I am curious as to the point of your post.
You stated the non-sense of no waiter gets paid $2.13 an hour. They do but it isn't as simple as that. They do make 2.13 in most states and by federal wage law. However, this us BEFORE their tips are included into the wage to reconcile it either above minimum wage (most cases) or just to minimum wage (whether the resturaunt pays the difference or not.) For example, if I work in an Arizona Outback Steakhouse, for every hour of work, I have to average $3.50 in tips to make up $3.50 lost in actual wage due to my minimum tipped wage being at $7.00 rather than $10.50, the state's minimum wage. Until tips are included, i only make the $7.00 based tip wage.
You stated the non-sense of no waiter gets paid $2.13 an hour. They do but it isn't as simple as that. They do make 2.13 in most states and by federal wage law. However, this us BEFORE their tips are included into the wage to reconcile it either above minimum wage (most cases) or just to minimum wage (whether the resturaunt pays the difference or not.) For example, if I work in an Arizona Outback Steakhouse, for every hour of work, I have to average $3.50 in tips to make up $3.50 lost in actual wage due to my minimum tipped wage being at $7.00 rather than $10.50, the state's minimum wage. Until tips are included, i only make the $7.00 based tip wage.
Come on, mkpunk, you're better than this. RIF.
Here's what I posted:
Quote:
Originally Posted by TaxPhd No server, in any city or state, makes less than the Federal minimum wage (unless someone is breaking the law). To continue trotting out this $2.13/hour nonsense is just an attempt to obfuscate reality.
I claimed that no server makes less than the Federal minimum wage, and that's 100% correct. Not sure why you (or anyone else) is getting spun up about this.
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