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View Diary: Fired Applebee's Waitress Speaks Out to "The Guardian" (445 comments)

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  •  It does (0+ / 0-)

    see here"

    Ms Welch was entitled to a take-home of at least $7,35 an hour.

    She lied. Suprise!

    ______
    "Und wer nicht tanzen will am Schluss - weiß noch nicht dass er tanzen muss", Rammstein, "Amerika"

    by cris0000 on Wed Feb 06, 2013 at 10:58:56 AM PST

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    •  Surprise -- she didn't (15+ / 0-)

      What she is entitled to receive as Federal minimum wage and what she actually receives as an hourly wage from her employer are not the same thing, because her hourly wage from her employer is based on the expectation that she will (at least) make up the difference in tips.

      If she does, she's allegedly able to keep the difference, although she pays taxes on it.  If she doesn't, her employer is obligated to make up the difference in base wage + tips to equal minimum wage (see absdoggy's post above).

      In practice, employers have evolved numerous legal, quasi-legal and frankly illegal ways, from spreading that tip money around (i.e., the tip on the table goes not just to the  server but the bus-staff, the bar staff, the host or hostess, etc.) to confiscating it and giving the server ONLY that portion which brings them up to minimum wage and pocketing the difference themselves.

      History should teach humility and prudence, but America doesn't seem to learn. I've never seen a virgin who loses her innocence so often. -- Gordon Wood

      by stormicats on Wed Feb 06, 2013 at 11:10:57 AM PST

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      •  cris0000 is just being annoying (13+ / 0-)

        Pay no attention to him or her.  Check out the comment history (or just browse down lower in the diary), you'll see for yourself.

        It is done. Four More Years.

        by mconvente on Wed Feb 06, 2013 at 11:27:24 AM PST

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      •  you are correct to some degree (0+ / 0-)

        with minor alterations:

        - her employers needs to make up pay 10 cents more than the federal minimum wage in Missouri
        - even if she makes tone of tips, her employer has to additionally pay her at least 3,67.

        But generally you are right. Which means Ms Welch was NOT in any danger to make 3.50 at any time. Even if all her customers would stop tipping her, she still would earn above federal minimum wage.

        Which basically invalidates her whole argument.

        In the end, tipping is optional.
        Legally, of course, it is anyway.
        And from a consumer protection point of view, it should be optional, too, since it is not disclosed on the menu.

        ______
        "Und wer nicht tanzen will am Schluss - weiß noch nicht dass er tanzen muss", Rammstein, "Amerika"

        by cris0000 on Wed Feb 06, 2013 at 11:43:32 AM PST

        [ Parent ]

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