...with tips. The article mentions this comes to about $14/hour for Loggan.
Almost every restaurant server in America makes below the minimum wage, this is allowed by law since their tips almost always take them back above the minimum.
Almost every restaurant server in America makes below the minimum wage, this is allowed by law since their tips almost always take them back above the minimum.
https://webapps.dol.gov/elaws/faq/esa/flsa/002.htm
If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the Federal minimum hourly wage, the employer must make up the difference.
So, every server by law does not make below minimum wage. (If this is always enforced, not sure)
This would be just about the easiest form of wage theft possible, and wage theft is already a huge problem. If I were a waiter I would not put much faith in that law.
Some tip pools among regularly tipped employees are okay; what is unlawful is the house or managers taking tips from tipped employees, either for themselves or to pay kitchen staff, etc.
A rider buried in the Consolidated Appropriations Act of 2018 makes this practice illegal. Department of Labor regulations had already prohibited this, but now we have a statute. Further regulations are to be implemented that may complicate things. Let's see.
it will be one or two days before they are sacked, either because the place have more servers than it need for the traffic or that one server is upselling less than the others.
in anyway, your argument on the letter of the law is pointless (at least on the anecdotes I know about, would love to se actual nation wide data on this), becuase it changes nothing. either you live on tips, or you are unemployed.