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If there is suspicion of an owner pocketing all the tips under the table, why not make a call to the IRS? If employees are scared for their jobs, it could be a "customer", not an employee, that does it.
In the seventies I was working in a super high-end restaurant in Sarasota, called "Hemingway's", on the Longboat Key.
Steak Diane for two went for $ 45, which was a lot more money back then when the minimum wage was only $ 2.45, if I remember correctly.
Night after night we had the two most awful entertainers, one singing, the other beating the piano to death. Whenever they took a break at the bar they left a huge wine glass for tips on the piano, but no one would give them anything.
One evening I heard them talking at the bar, and one says, "This is Florida, the suckers don't know what the tipping glass is for. Before the next break I'll just leave two five-spots so they get the idea. Once they get the education we'll be rolling in the cash, believe me."
And that's what they had done. Left their own money, went back to the bar for a break, and as soon as they were out of sight our wine steward slipped the cash in his own pocket.
I was able to hang around the piano when they were coming back and their expression watching the empty glass was absolutely priceless, it made up for all the awful music we had to endure.
A week later they moved back to Chicago. They came to Florida hoping that they'd become the next hottest thing after Elvis, but it didn't happen.
Last edited by mgforshort; 08-20-2013 at 01:04 PM..
Retention of Tips: A tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer.
It would seem that even if the employees were paid full minimum wage, the tips are the employee property rather than the owner's. The only loophole I can perceive is if there is a different and higher minimum wage for non-tipped employees that is being paid. I would not want to gamble my finances on such a loophole passing a court challenge though.
I wouldn't want to shun a business, because that can harm the employees. But I sure do hate to think I'm paying 25 to 75 cents more for the coffee I ordered because of this. I don't mind helping a college kid pay for his books, or a senior citizen, or anyone working on their feet all day. But I do resent not being told about this. The note on that tip cup should read, "Tips for the owner".
I just believe that we have the right to know this and I believe that we all are going to ask first and then tip (or not).
You'd be doing those employees a favor. And the market is picking up, I'm sure they can find another barista job in Canton.
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