Is it legal for a restaurant to treat its employees like this?

[garwyli91]

I just took a job at Applebee's as a hostess in addition to my full-time job, so that I could pay off my college Ioans more quickly. I'm trying to become a server as soon as possible, because they make a lot more money. But now that I'm there, as a hostess, I'm wondering if the way this restaurant treats us is legal.

As hosts, we make $4.50 per hour plus tips. Sometimes tips are only $1-2 per hour. The other night, I made $13 in tips over an 8 hour period, which totals $49 in 8 hours. This averages out to just over $6 per hour, which is less than minimum wage. I remember reading somewhere that if a tipped employee is making less than minimum wage after tips are added, the restaurant is supposed to make up the difference, but I don't think they are. Last month, my paychecks for the entire month totaled about $260, and I had worked there at least 15-20 hours per week.

Also, they don't really give us breaks unless we're under 18 (which I'm not). It's very normal for me to be there, on my feet, for 8-9 hours with no break and no chance to eat the entire time I'm there. I go home exhausted and starving. One time I was there for over 11 hours with no break. If we're over 18, we have to go to the managers and ask for a break, and they'll only say yes if the restaurant is not busy (and most act really annoyed that we're asking). With every other job that I've had, both professional and low-wage, we were always allowed a 30-minute meal break and 15-minute breaks for every 4 or 5 hours worked. I always assumed that was due to labor laws, but it doesn't seem like these people are following that at all.

I don't want to be a drama queen, but I do want to know if the way they're treating us is legal. If it is, I'll just suck it up and try to become a server as soon as I can so that at least the money is worth the trouble. But if not, I can't let them get away with treating their employees like this. So...is everything I mentioned legal? And if not, where can I go to report this?

[fiacre68]

I work at Applebees so i understand. I work 10hr shifts quite often but my managers almost always come to me and ask me if i want a break. The pay is correct, if you check your pay check you are at least making minimum wage. If the tip-out from the servers isn't enough because it was slow, they pay you the difference so u make at least minimum wage. As for the break situation you should report it to corporate. In your store there should be a 1800 number for you to call and tell them what you feel. But a word from the wise, if you sound like you're whining and complaining about it, they won't do a whole lot to fix it.

[darik]

Umm, no, but they probably give you minimum wage because of economical issues.

[aescby]

they are REQUIRED BY LAW to make sure you make at least minimum wage INCLUDING TIPS - if they are not doing that, they are in VIOLATION OF FEDERAL MINIMUM WAGE LAWS

and yuo are also required to take at least a 30 minute unpaid break for an 8 hr shift

demand you rights and money or report them to the state and federal dept of labor and the IRS?

keep track of your hours and wages so you will know how much they owe you and you could get possibly get damages also if teh feds get involved

[werner72]

A tipped employee engages in an occupation in which he or she customarily and regularly receives more than $30 per month in tips. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount combined with the tips received at least equals the federal minimum wage. If the employee’s tips combined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference. Many states, however, require higher direct wage amounts for tipped employees.


This info is from the Dept of Labor website and there is much more info there for you to look at