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  1. #1
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    Random Restaurant Law Question

    While looking into something completely unrelated, I stumbled upon a tidbit that I found interesting, and I'm trying to look into the validity of it:

    An employee who regularly receives tips as a part of his or her pay also receives, under federal and Florida law, a minimum wage of $4.23 per hour. In order to have this exemption from the minimum wage apply, the employee must regularly receive more than $30 per month in tips, and be allowed to keep all of his or her tips. The tips plus wages combined must add up to at least the $7.25 per hour minimum.
    To me, that reads that unless a tipped employee is able to keep 100% of their tips, a minimum wage of $4.23(Florida) can't be applied.

    Source: http://www.kuvinlaw.com/

    Second paragraph under "Tip Pool Violations"

    I honestly have no idea where to find anything proving or refuting this

  2. #2
    Relic Horn
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    sounds clear enough.

  3. #3
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    thought this was gonna be a new repeating thread on bg...

  4. #4
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    Holy shit at having your minimum wage at $4.23.

  5. #5
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    Quote Originally Posted by Jodwahh View Post
    Holy shit at having your minimum wage at $4.23.
    Don't pity job with tip.

  6. #6
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    Quote Originally Posted by Kaylia View Post
    Don't pity job with tip.
    Especially if you're female.

  7. #7
    wop
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    At least you're not in CHINA. Be thankful!

    http://www.telegraph.co.uk/finance/n...ly-plants.html

    Last week, it emerged that 62 workers at a factory that manufactures products for Apple and Nokia had been poisoned by n-hexane, a toxic chemical that can cause muscular degeneration and blur eyesight.
    China Labor Watch, a New York-based NGO, accused Foxconn of having an "inhumane and militant" management, which neglects basic human rights.
    Only 65pc of the factories were paying their staff the correct wages and benefits, and Apple found 24 factories where workers had not even been paid China's minimum wage of around 800 yuan (£76) a month.
    USD 100 bucks a month in hazardous conditions, and inhumane long hours vs OP!


    etc...

    Boycotting Apple now.

  8. #8
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    Quote Originally Posted by wop View Post
    At least you're not in CHINA. Be thankful!

    http://www.telegraph.co.uk/finance/n...ly-plants.html







    USD 100 bucks a month in hazardous conditions, and inhumane long hours vs OP!


    etc...

    Boycotting Apple now.

    Because labor practices at their competitors are any different. And don't lie nigga, you cant rock louis vuitton with a dell. Apple or nothing.

  9. #9
    Sea Torques
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    I think most states have a law like that, i know that CT does. Its one of those rarely inforced laws though.

    The thing is that if a restaurant is slow enough for a server to demand that the owner pony up extra money to meet this minimum requirement... the owner would rather get rid of a server than do it. If a restaurant is not slow, the server should be making more than that requirement bwetween wage and tips. If the server isnt, the owner usually thinks that is evidence that the server is doing poor work. So, again the server gets fired.

    I dont know if you work as a server, and are contemplating enforcing this law in your workplace or not. If you are, i would think twice before you do so.

  10. #10
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    Quote Originally Posted by wop View Post
    At least you're not in CHINA. Be thankful!

    http://www.telegraph.co.uk/finance/n...ly-plants.html







    USD 100 bucks a month in hazardous conditions, and inhumane long hours vs OP!


    etc...

    Boycotting Apple now.
    'cept that Apple conducted the investigation themselves, and in turn, terminated their contract with the factory because of what they found.

    Not as though they're the only company that contracts out to those factories. Doesn't seem like others have taken the same action, however.

  11. #11
    Sea Torques
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    Knowing that it was their own investigation that churned up this information is the important part though. If they stopped doing buisness with a factory like that due to an external investigation... they would still be asshats. Somehow, the fact that they discovered this themselves... things are more palletable.

  12. #12
    Sea Torques
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    Quote Originally Posted by Isiolia View Post
    'cept that Apple conducted the investigation themselves, and in turn, terminated their contract with the factory because of what they found.

    Not as though they're the only company that contracts out to those factories. Doesn't seem like others have taken the same action, however.
    If you as a company are using chinese workers, you would already have an idea that this happens in the first place. Apple is not naieve. Steve Jobs likes saving money.

  13. #13
    A. Body
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    Quote Originally Posted by eunhye View Post
    If you as a company are using chinese workers, you would already have an idea that this happens in the first place. Apple is not naieve. Steve Jobs likes saving money.
    Well, the public image of it (at least) is that they required better labor conditions in their contracts, which were breached.
    Point is more that the only reason it was even in the news was because Apple themselves reported they found problems, and ceased contracts as a result. Granted, it's probably a response to criticism, like the "green" packaging/operations efforts after Greenpeace fussed at them, but it's not like Foxconn or whomever is only making parts for them.

  14. #14
    CoP Dynamis
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    To me, that reads that unless a tipped employee is able to keep 100% of their tips, a minimum wage of $4.23(Florida) can't be applied.
    getting your first wait job soon? this is the common practice with tipped jobs. that is why you are an asshole if you go out to eat and tip anything less than 15%

  15. #15
    Old Merits
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    Where I work it's $2.33/hr wage, and we tip out 3% of our total sales to bartenders/SA's.

  16. #16
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    Quote Originally Posted by greenhills View Post
    getting your first wait job soon? this is the common practice with tipped jobs. that is why you are an asshole if you go out to eat and tip anything less than 15%
    Oh boo hoo, for every server making tips there are a dozen people making minimum wage and never get tips, work just as hard, etc.

  17. #17
    Relic Shield
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    I personally find it hilarious when I see waiters or waitresses go fishing for tips.

  18. #18
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    Quote Originally Posted by Jakson View Post
    Oh boo hoo, for every server making tips there are a dozen people making minimum wage and never get tips, work just as hard, etc.
    Minimum wage jobs don't work as hard as servers. BK, McDonalds, Walmart don't do shit compared to servers.

  19. #19
    Chram
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    Quote Originally Posted by Gregorio View Post
    Minimum wage jobs don't work as hard as servers.
    This is just an incorrect statement. The hardest job I ever had was one that I made minimum wage making home delivery of furniture...and I've been a waiter. Maybe in your personal experiences, but mine differ greatly.

  20. #20
    Spiders are Awesome
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    Waiters probably take home more money than any other unskilled profession, yet whine about it the most. Those Mexicans back in the kitchen are working much harder.

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