Hey guys, it's my first time posting on /biz/, and I come at you guys with a scenario. Not sure if this would be better posted else where as I didn't see a real 'US Law' channel on 4Chan.. Anyway,
Employer A is a family owned, seasonal work hotel that caters to upper class white people for Spring and Summer peaks. Employer A has hired a South American J1 Visa worker to work in Housekeeping as her primary task. Now advance to Peak of Season. The Employer has asked the J1 worker to also buss tables in the restaurant. Bussing is a tipped position. From the average 'per person per plate' numbers, a bussers tip out earns more than a houskeepers standard wage. However, Employer A refuses to grant their J1 worker the bussing tips they've earned. Is this legal under any state or federal law?
tld;dr is it legal to have someone work in two separate departments that are paid differently but only pay them as if they were doing the less paying of the two?
Bump for self interest
Also, this is obviously a real life scenario. Im trying to see if there's anything the state labour department can do about it
It is illegal to not grant an employee their earned tips no matter what job, but especially if it is a tipping job. If the employer agreed to pay her the same wage bussing as a housekeeper and she continued to make tips, she is entitled to both her normal pay and her tips. Keep in mind that the employer is not paying her tips; so they're basically taking money she earned thay they have no right to.
State laws may be different. Look it up yourself before doing anything about it.
And that's how I see it also.. Is there more information you could help me with? I'm doing research on the matter but I can't find anything substantial..
>>1371032
Keep in mind that I am no attorney. I'm a student studying for a bachelors in business law and have NOT taken a class on employment just yet. I have however worked for two different restaurant jobs, including one massive chain that tries to be very by the book (Red Lobster).
>>1371039
Also keep in mind that at that said job, I have had multiple positions. Some tipped, some not. Tipped jobs entitled me to tips at a lower hourly rate while untipped jobs had me at a higher hourly rate but less money overall. The difference was that I was clocking in to a POS computer that made me choose the job I was doing that day. So in short, I was agreeing to which which I was getting that day.
The state is Michigan if that makes any difference
Yeah see this girl asked for a bussing number for the POS but the refused her one. Saying she just needs her one houskeeping number
>>1371044
They're definitely in the wrong then. One thing for sure: employers have no right over the employee's tips no matter the state. Make sure that if anything happens that the girl doesn't forget that THEY AGREED TO PAY HER THE HOUSEKEEPING WAGE, so she should then also be entitled to the tips working as a busser, NOT THE WAGE AS A BUSSER. If she agrees to the wages of a busser too, she may get fucked over depending on if the tips are adequate or not.
I would really suggest getting a labor law attorney. Just call them and asking for their hourly rate. Simple as that. Overall the girl is entitled to the damages done by the business, which is basically her tips. Once settled, she cannot be fired for this reason. The business may be reprimanded but I honestly have no idea.
Could they fire me for getting involved? Her English is good but I think she might not be getting her point across the right way, so she's asked me to help..
>>1371022
the employer is not in the wrong if they are paying minimum wage (without tips). If you're getting paid $9 per hour for both then it's completely legal.
>>1371063
Honestly, probably, but I have my doubts that they would. I wouldn't want to work for a company like that anyways.
>>1371068
But it's just seasonal so i put up with it..
>>1371065
Can you explain? I see it as, she's busting her ass out on the lunch floor (our busiest time of day) and she never sees any real compensation for it. She's getting paid like she's just cleaning rooms or vacuuming a rug. Rather than getting paid for the work she's actually doing
>>1371072
and there's other bussers on the floor, who are designated bussers only and they ARE making their tips, you know what i mean? She's wearing the same uniform, doing the same job, and not getting the high pay as the other bussers
>>1371072
Law is very logic based and if you simply explain what you just said, how can she not deserve her tips? Ask an attorney that if she wins a case, can the employer pay the legal feels.
>>1371074
Get. An. Attorney. I would pick this case up immediately. Or call the labor department. Just get something done.
>>1371081
Thanks bro. I'll post on here again with results. You might catch the thread. My girlfriend is also emailing her Hospitality Law prof. to get his opinion.
If you don't have a lawyer to ask, let me know how to reach you by email. I'll connect you with a good service.
