UnderCover Waitress: Texas Lawsuit Regarding Waitress Tips

Monday, June 27, 2011

Texas Lawsuit Regarding Waitress Tips

Another theme in the wonderful world of waitressing is the idea that since we are just raking in the big bucks, we can compensate the other staff members, thereby saving the owners money.

Waitress in Texas is suing because she was forced to put her hard-earned tips into a tip-pool; the tip-pool was shared with kitchen staff. As wrong as this feels, the legal issue is that the waitress was not paid minimum wage, but a portion of her sales went to the kitchen staff.

The defendant is accused of violating the Fair Labor Standards Act by failing to pay minimum wage compensation to Coleman.

In a state other than Texas, I had a waitress job in which I was expected to throw the dishwasher some money after every shift. No offense to the dishwashers who were nice people, but seriously, WTF?

Whether it is cooks, dishwashers, or the window washer for goodness sake, how many things can you find wrong with this picture?
  1. It is the responsibility of an employer, not a co-worker, to compensate workers. 
  2. Waitresses have no power in the hierarchy of the restaurant business. Therefore, we should not be held responsible for decisions made by management. 
  3. Waitresses are not paid minimum wage. 
  4. Waitresses have agreed to work for tips. Kitchen employees have agreed to work for a specific wage. 
Personally, I get really tired of everybody else in the restaurant industry drooling over waitress tips. Grass is always greener on the other side of the fence. If others think we have it so easy, and would like to become multi-millionaires being paid as a waitress, then they can try working like one. 

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