Comment by nommm-nommm | Hacker News Reader

Comment by nommm-nommm | Hacker News Reader

I read an argument once that that tipping is probably illegal under US employment law because, in practice, its racist. Research indicates that servers who are ethnic minorities are tipped less than white women, who are tipped most. Sure the employer isn't doing the discrimination themselves but they are setting up compensation scheme that, in practice, is discriminatory. This is called "adverse impact" in US employment law and is still illegal, there doesn't have to be intent.

Maybe challenging tipping in court would be the best way to eliminate it. I'd be interested in reading the ruling no matter the outcome.

EDIT: Quick Google, Here's some research on the subject http://scholarship.sha.cornell.edu/cgi/viewcontent.cgi?artic...

As an aside, I actually went to a pretty expensive restaurant where the busboy did most of the work. The only thing the waiter did was take our order, ask if everything was ok, asked if we wanted another (paid) drink (the busboy refilled our water several times), and brought us the check. They busboy did everything that wasn't money oriented. I asked him if he got tips, he said he got 10%. 10% of the compensation for at least 50% of the work! I noticed all the busboys there had something in common - they were all black teenagers. The waitstaff also wore button down shirts and ties and the busboys wore polo shirts. I was extremely uncomfortable with the situation.

It seems like you're only classifying the physical labor as "work", and ignoring the skill and effort it takes to do all the stuff a waiter/waitress does. There's a lot of memorization involved, being able to answer a lot of different questions, making sure the meal gets delivered as soon as possible, with the right stuff, and checking back at the correct times to see if anything else is needed, including drinks. It's a lot harder than it seems.

The bussing jobs are a lot more physical and there's less to think about.

Also, he gets 10% of the tip... But where does the rest go? You're assuming the other 90% goes to the waiter/waitress, but it's possible a large portion of it goes to the kitchen staff.

The busboy was the one who made sure the meal was delivered as soon as possible with the proper stuff. The waiter had no part in the food or drink delivery.

Even if "it's a lot harder than it seems" (which really, what?) it's not 90% more work the busboy was doing... remember the busboy also buses the tables. Answering a few questions about the menu is not significantly more difficult than clearing tables.

(Then there's the places where the kitchen staff brings out the food...or they have "runners" who are responsible for bringing out the food.... really, I hate to generalize but as a group servers have a seriously inflated sense of importance, restaurant service is a team effort)

As someone who worked in the restaurant industry, and who's immediate and extended family worked in the restaurant industry, this feels like: https://en.wikipedia.org/wiki/Narcissism_of_small_difference...

I've worked at pretty nice restaurants and while attitudes like yours were pretty pervasive, the only real difference between bussing and waiting was that wait staff was over 21 and thus able to serve alcohol.

I can also tell you from years of experience that waiters are the most stuck up classist poor people I've ever seen.

In this particular case the waiter didn't even bring us the alcohol, someone else did. Bartender? Runner? Who know, but it wasn't the waiter (or the busboy).

> I read an argument once that that tipping is probably illegal under US employment law because, in practice, its racist. Research indicates that servers who are ethnic minorities are tipped less than white women, who are tipped most.

Wouldn't that make minority owned businesses racist too by the same logic? If people make choices based on race, it puts them and their employees at a disadvantage.

How does that follow?

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