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Old 07-26-2011, 01:39 PM
 
72 posts, read 201,734 times
Reputation: 52

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I've been working at an Outback for 3 years now. It's a "pocket money" job (I work a few days a week to supplement my "real job" pay) but I like it. For my 1st two years I worked as a hostess, making 2.13/hr plus 2% of server's sales in tips. Then this summer I was 'promoted' to takeaway, $5.85/hr plus tips from customers. I did the math and if I worked full time my checks alone would be about $700/month, plus tips. It was a sweet gig by comparison...

Then by random chance we got audited by corporate and it was discovered we were being overpaid! So my takeaway pay was dropped to $2.13/hr plus tips. I'm so frustrated because about two-thirds of customers don't leave a tip in takeaway.

I am trying to figure out if what they did was legal. I understand that my restaurant is required to supplement our tips to equal minimum wage, but still...it seems shady. I want to hear from anyone who knows about labor laws.
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Old 07-26-2011, 02:05 PM
 
Location: Clayton, NC
240 posts, read 627,866 times
Reputation: 93
Right to work state. Unless you are a minority, over age 50 or disabled you don't have a claim. Even then if it was done to everyone equally you don't have a case.
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Old 07-26-2011, 02:10 PM
 
Location: Morrisville
1,168 posts, read 2,504,570 times
Reputation: 1115
I'd ask to be a server.
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Old 07-26-2011, 02:20 PM
 
519 posts, read 982,217 times
Reputation: 457
Quote:
Originally Posted by erin311 View Post
I've been working at an Outback for 3 years now. It's a "pocket money" job (I work a few days a week to supplement my "real job" pay) but I like it. For my 1st two years I worked as a hostess, making 2.13/hr plus 2% of server's sales in tips. Then this summer I was 'promoted' to takeaway, $5.85/hr plus tips from customers. I did the math and if I worked full time my checks alone would be about $700/month, plus tips. It was a sweet gig by comparison...

Then by random chance we got audited by corporate and it was discovered we were being overpaid! So my takeaway pay was dropped to $2.13/hr plus tips. I'm so frustrated because about two-thirds of customers don't leave a tip in takeaway.

I am trying to figure out if what they did was legal. I understand that my restaurant is required to supplement our tips to equal minimum wage, but still...it seems shady. I want to hear from anyone who knows about labor laws.
If I'm reading the NC Labor Laws correctly, and I'd like to think I am, it is legal for said corporation to have decreased your pay. You are not under any contract that requires your employer to pay you anything more than minimum wage.

You can also go to the NC Department of Labor's website and download a full copy of the Labor Laws.
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Old 07-27-2011, 08:42 AM
 
Location: N. Raleigh
735 posts, read 1,584,846 times
Reputation: 1213
Quote:
Originally Posted by erin311 View Post
I've been working at an Outback for 3 years now. It's a "pocket money" job (I work a few days a week to supplement my "real job" pay) but I like it. For my 1st two years I worked as a hostess, making 2.13/hr plus 2% of server's sales in tips. Then this summer I was 'promoted' to takeaway, $5.85/hr plus tips from customers. I did the math and if I worked full time my checks alone would be about $700/month, plus tips. It was a sweet gig by comparison...

Then by random chance we got audited by corporate and it was discovered we were being overpaid! So my takeaway pay was dropped to $2.13/hr plus tips. I'm so frustrated because about two-thirds of customers don't leave a tip in takeaway.

I am trying to figure out if what they did was legal. I understand that my restaurant is required to supplement our tips to equal minimum wage, but still...it seems shady. I want to hear from anyone who knows about labor laws.
Which outback did this?
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