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| 5/23 |
| 2006/2/19-23 [Finance/CC, Recreation/Food/Alcohol] UID:41928 Activity:kinda low |
2/18 Does anyone know whether or not it is legal for a restaurant to
withhold wages/tips from a waiter if a customer leaves without paying?
This seems totally illegal to me but my google legal fu is weak.
\_ Wages, no. Tips, the portion the customer might reasonably be
expected to tip. -dans
\- i doubt that is legal. in CA management cannot force the
tips to be shared with anybody not directly involved in
front room service [can share with busboy butr not dishwasher
front room service [can share with busboy but not dishwasher
or cooks]. in fact i would think this is covered under some
broader employment rules about you cant charge employees for
fuckups like this. i can ask a acquiantance who is a chef-owner
fuckups like this. i can ask an acquiantance who is a chef-owner
in SF about the dine&&dash situation.
\_ might depend on locale... see #9
http://waiterrant.blogspot.com/2005/07/check-please-ah-check-my-favorite-part.html
\_ That guy needs to seriously get a different job.
\_ http://www.restaurant.org/legal/ask_archives.cfm -- whoops, next
link down.
\_ This answers the question. Since most waiters make minimum
wage (in CA), it's going to be illegal in most cases.
\_ at least in santa clara county, you can call for a quick 20min
free legal referral
\_ It's illegal in all states my contact at the Golden Gate Rest.
Assn. knows of. If someone doesn't pay for a meal, obviously
there's no tip for that meal for the rest. owner to withhold, but
they may not withhold money from any of the other tips. Nor can
they charge waiters for broken dishes or the likes. That said,
there is a good reason why most people who matter in any given
restaurant loathe waiters (especially primadonna prissy
whores like the blogspot guy above). Good ones are few and very
far between and deserve a nice fat cash tip. -John
\- Your GGRA assicate isnt named "Dan" is he?
\_ No, it's my friend Vinnie da Pesto Hammer. -John |
| waiterrant.blogspot.com/2005/07/check-please-ah-check-my-favorite-part.html Tuesday, July 12, 2005 Check Please Ah, the check - my favorite part of your meal. I know this is the part of the dining experience most people could do without. A lot of people are idiots when it comes to the simple act of paying for services rendered so I've compiled a little tutorial to make the whole currency exchange a little smoother. Are there twenty customers waiting by front door for a table? I know that attitude ticks people off but a restaurant is a BUSINESS - not an extension of your living room. It's considered rude for a waiter to drop a check without the customer asking first. Some people are unaware of that convention so they sit around pissed off wondering why the waiter hasn't produced the checkbook. A sure fire way to discreetly ask for the bill is to put your credit card or wallet on the table. A tactic usually employed when a waiter's under pressure from management to turn tables and increase revenue. However, if you anticipate a "fight" over whose the more generous party please keep the waiter out of it. Go to the waiter at the start of the meal and hand him your credit card. If there's still a disagreement the waiter will follow the following rules to avoid dropping the check on the table like a hockey puck and letting you scramble over it: a Will give check to the regular customer of he or she demands it. c Will give check to person he or she knows is the better tipper. d Hand the check to the five year old and crack everyone up. I've had people chase me and try and take their friend's credit card out of my hand so they could pay the bill. Grab something out of my hand and you'll have more than the bill to worry about. Sadly this is the reverse of Rule # 3 - no one wants to pay the bill. You've dropped the check and no one make a move to pay it. This usually happens with adults eating with grown children or excessively parsimonious middle aged yuppies. Did you ask the server how much that Osso Buco on special was? Don't complain to me about the prices because I don't set them. It's your responsibility to keep track of what you're spending not mine. It's my job to separate you from as much of your money as possible. Don't leave the checkbook lying forgotten in the middle of the table while you're having your "my son/daughter is more successful than yours/I make more than money than you/I live in a nicer building/I'm thinner/I have a better job than you" conversation. He can't hover over your table waiting to see if you placed cash or a credit card in the checkbook. You have to let the server know it's ready to be picked up. We hate going to the table and asking "can I take that for you?" Ways to avoid any unpleasantness are: a If you're paying in cash make sure the bills are peeking out of the checkbook. b If you're paying by credit card use the old stand by - set the checkbook upright on the table with the credit card sticking out. c For the love of God don't put the bill in your lap, under a napkin, or, my favorite, lean on it with your elbows. Most restaurants' computer systems can split a bill four or five ways. If it's a mix of credit cards and cash explain how you would like me to process the bill. Unless you asked at the beginning of the meal for separate checks you ain't getting 'em. There is no way I can remember who got what two hours later. Credit card companies charge a fee for every transaction. But leaving the TIP in cash will always make you the waiter's friend. I will chase you down like a dog and hold you till the cops arrive. If a customer skips out on the bill it's the WAITER who has to pay for it. Nothing warms the cockles of my heart than to tell some Sex in the City wannabe, "I'm sorry but this card is experiencing some difficulty." That's why there's a bunch of declined slips in your checkbook! And don't get on your cell phone and fight with your credit card company. Just give me a card you haven't maxed out at the Sharper Image. People occasionally leave their wallet or purse at home. If you're a regular, no sweat, we'll get you the next time. Leave your wife or girlfriend behind as a bargaining chip while you go and secure funding. You'll have given your companion a date she'll never forget. THE TIP What do I need to say that I haven't said already? Most places add a mandatory 18% gratuity or service charge on parties of six or more. If it's listed as a gratuity you're under no legal obligation to pay that amount. The French Laundry adds an 18% service charge to EVERY bill so give me a break. Now here's where reading Waiter Rant pays off for you the consumer. Sometimes customers, often drunk, are unaware the gratuity is added to the bill so they TIP ON TOP OF IT! Example: Bill - $100 Mandatory Gratuity - $18 (figured pre tax) Total $118 Customer stupidly leaves $141. Now some waiters will be pissed that I'm telling you about this little secret but tough shit. It's dishonest and I'd rather you come back to my bistro and give me money over the long haul. It doesn't pay to alienate customers with petty thievery. That being said - if the customer's a complete asshole my ethics might get compromised real fast. Most waiter manuals say its bad form to take a paid check of the table before the customer leaves. I always check the bill before a customer walks out the door. I can't tell you how many times the customer has taken BOTH credit card slips. It also helps to embarrass the shit out of some tightwad who's stiffed me on the tip. Customers, usually smashed out of their minds, think they've handed me their plastic and sign the bill thinking it's the credit card receipt. Since I'm the manager at my place pray I'm in a good mood. c If you see something on the bill you don't understand you have every right to have the matter explained courteously to you. d If an establishment says it takes a certain credit card on the door than they have to take it. "Well I prefer American Express," I replied handing him the card. If you have any additional guidelines I didn't think of feel free to leave your suggestions in the comments section. If you hand me a checkbook filled with cash tell me if you want money back. If you hand me two hundred dollar bills and the check's $130 that's a no-brainer. However, if you hand me a hundred dollar bill and the bill's $80 am I assume you're a great tipper? Abel : 7/12/2005 4:50 PM It is really illegal for the owner to take the credit card fees out of the waiter's tips? The resturant that I work at takes 35% of our charge tips towards paying the credit companies, so that it doesn't come out of his pocket. thimblesee : 7/12/2005 10:21 PM What's the deal with free bread? One friend says it's bad form to ask for a second (or third) basket. Other folks (including me) feel that at an expensive restaurant the stuff should keep coming. I understand it's a hassle for the waiter-person, though. Most waiters and waitresses anoy the hell out of me while i am trying to eat. So feel free to stand at the door and make your smart ass comments, I will be sure to leave you a few of my own. A friend of mine is a waiter and once told me about people who tip while drunk and then call back the next day to ask for their tip back--and the manager did it! And then had the balls to go after the waiter to get him to reimburse the restaurant! If I may though, I'd like to post a couple of rules for waiters: * No "you guys." Unless the table is all men, do not refer to us as "you guys." David : 7/13/2005 12:16 AM Hi, Interesting comments, most of which i think should be common sense. But then I am constantly amazed at just how thoughtless and unaware of etiquette people can be. Fortunately in Australia we have this thing called "award wage", which means that people can't (or at least shouldn't) be screwed over royally by their employers, and hence mostly removing the need for tipping as a means to supply a service employee with enough money to live. That said, i am a big fan of rewarding wait people for good service... If you plan on going back there, it's in your best interest to treat the people who work there well. Matt : 7/13/2005 12:57 AM A thought for rookie waiters: I normally pay in cash and... |
| www.restaurant.org/legal/ask_archives.cfm Resources Ask the Attorney Archive Past Legal Questions Bill Skipping Q: Is it legal for an employer to make servers pay for customers who skip out on the bill? A: The US Department of Labor, under federal wage-hour laws, does not object to such a practice unless payment is taken out of a server's tips or the payment reduces the employee's cash wage (assuming the cash wage paid to the server is above the minimum wage) over the work week below the hourly minimum wage. Even if the federal law allows the practice, however, your state law may still restrict the practice. Incorrect Orders Q: Can I charge an employee who does not enter a customer's order correctly and the incorrect order ends up being wasted? A: Under federal law you can, if the charge against the employee does not reduce the employee below the minimum wage (however, state law may restrict this, so you need to check your state law as well). You cannot, however, deduct from a minimum-wage employee if you take a tip credit to meet your minimum-wage obligation. Credit Card Fees Q: Is it legal to ask servers to pay the percentage of the credit-card fee charged by the processing company assessed on their tips? A: Federal law permits the employer to deduct the exact percentage it pays to a credit-card company for the card which the customer charged the tip on. However, state law may preclude this, so you'll need to check with your state department of labor to make sure there are no laws about this in your state Tip Skimming Q: A recently filed class-action suit in Massachusetts alleges that management has "skimmed" tips from waitstaff. Also, is there anything legally definitive on who should receive tips intended by customers for waitstaff? A: There have been very few legal rulings on this topic. As to your second question, a substantial argument exists that when a customer leaves a tip it reflects the customer's satisfaction about all aspects of the dining experience, including the food ordered as well as the service provided by the servers. In any event, the US Department of Labor has established guidelines on what type of jobs may be required by the employer to share in tips. Tips Q: Are tips given to employees subject to garnishment? A: Under federal law, only employee earnings over which the employer takes control are subject to garnishment. Since tips generally are a gift from the customer to the server (as opposed to service charges) and the employer does not take control of tips, they are not subject to garnishment. Uniforms Q: Can a restaurant charge an employee for uniforms? A: The first question is whether the clothes constitute a "uniform" under federal law. If the clothes do not constitute a uniform, it is legal to charge for it. If it is a uniform, then the employer may not charge the employee if the worker is a minimum-wage or tipped employee since it would reduce the employee's wage below the minimum wage in the pay period for which the employee is charged. If the employee is paid a cash wage above the minimum wage, the employer (unless prohibited by applicable state law) may charge the employee the cost as long as the amount would not reduce the employee's wage below the minimum wage. Contact the National Restaurant Association's Office of General Counsel at (800) 424-5156 for additional information. Incorporation Q: When starting a new restaurant, is it better to form it as an "s"-corporation or limited liability company (LLC), or as a "c"-corporation? A: There is no best way to form a corporation, because restaurants vary by size, and are influenced by their local and state laws. However, most small, independent restaurants are set up in a small-business form as an LLC, or "s"-corporation. One reason is that LLCs or "s"-corporation restaurants only pay a tax upon distribution of earnings to the members or stockholders rather than paying a double tax if they are set up as a "c"-corporation. Under federal tax laws, "c"-corporations are subject to taxation twice, because the restaurant and its individual stockholders are taxed upon distribution of earnings. For LLCs and "s"-corporations, there is no entity tax, but only a tax on the members (LLC) or stockholders ("s"-corporation) where earnings are distributed to them. Contact the National Restaurant Association's Office of General Counsel at (800) 424-5156 for additional information. Employee liquor liability Q: What are the legal liabilities for a restaurant that allows employees to drink their own alcohol after hours on restaurant property? A: The potential liability depends on the state where you are located since federal law does not impact on this question. Generally, most state laws do not impose liability on the employer for damage caused by the employee because of alcohol consumption. In a few states, such as New Jersey, liability has been imposed on employers where the employer provides the alcohol and does not take certain steps to prevent abuse. However, we have not seen cases where the law has been extended to employers when employees provide their own alcohol and simply imbibe on their employer's property. Disputed credit-card charges and tips Q: Is it legal for a restaurant to make the server pay for the bill or tip for a credit-card transaction that is disputed by the credit-card company? A: If the server is a minimum-wage employee, federal law prohibits the employer from debiting the employee's wage for shortages, eg, unpaid credit-card bills, that would reduce the employee below the minimum wage. If the employee is paid above the minimum wage, such shortages are allowed only to the extent the reduction would not reduce the employee's pay below the minimum wage and only if local law does not otherwise prohibit the employer from doing so. Protecting your concept from copycats Q: Is there a way to protect our restaurant concept from copycats before we get our first location up and running? For specific questions, contact a copyright/trademark attorney to discuss the details. Refusal of service Q: What are the laws regarding a restaurant's right to refuse service? A: Management's right to refuse service to a customer depends on the basis for such a refusal. For example, under federal law, you cannot refuse service based on a customer's race, color, religion, national origin or disability. Depending on the state where the restaurant is located, some state or local laws also prohibit discrimination on the basis of sex, sexual preference, age, etc. Restaurants, however, do have the right to require customer dress codes and to refuse service because of inappropriate behavior or people who emit strong body odors. Management-run tip pools Q: Can an employer unilaterally decide the basis of tip redistribution in a tip-pooling arrangement? A: Under the Fair Labor Standards Act, an employer may run a tip pool with or without the employees' consent, including how the tips will be distributed. However, the employer must adhere to US Department of Labor restrictions, which include allowing servers, buspersons and bartenders to participate, but prohibit cooks and dishwashers, and not requiring servers to contribute more than 15 percent of their tips to other directly or indirectly tipped employees in the pool. A: If your establishment employs at least 10 employees, you not only may adjust their tips to 8 percent, but by the end of the year, you must (absent extenuating circumstances) adjust any directly tipped employees to 8 percent as reported on their W-2 forms if they have not reported at least that amount. Remember, the Internal Revenue Service requires that all tips -- not just 8 percent -- must be reported by employees. Also, can the manager take several tables, serve them alongside the server and subsequently receive tips directly from customers? A: Generally, federal law requires that tipped employees retain all of the tips they receive. However, tip-pooling or tip-splitting arrangements are allowed among employees who customarily and regularly receive tips even as mandated by management. However, the US Department of Labor (DOL) has established strict guidelines when this will be permitted. In regards t... |