If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage -- $5.15 an hour effective 9/1/97 -- the employer must make up the difference.
Service Charges: A compulsory charge for service, for example, 15 percent of the bill, is not a tip. Such charges are part of the employer's gross receipts. Where service charges are imposed and the employee receives no tips, the employer must pay the entire minimum wage and overtime required by the Act.
Being a waiter is far, far harder than it appears from the other side of the table. "How could they forget to fill the water? How could you not know that my salad needs pepper?"
Well, because all those details that you take for granted are the little things that slip your mind while you're trying to cash out a check while making sure you have the right Merlot for the four-top downstairs and not forgetting that a table of 6 just sat down and doesn't even have menus yet.
Half your time you spend trying to egg the chefs to cook your table's food before the next waiter's. Even though you clearly were before him, and "look, I even wrote the time on the check like you asked." For the client, the pattern to the order of events is long eroded into their minds. The simple fact is, most people have been served food for a lot longer than they've been serving it.
Then there's the fact that you are constantly standing. Either shifting back and forth while a party decides what their appetizer will be, or running up and down stairs, usually with extremely hot dishes or worse, bowls of anything liquid.
By the end of the night, sitting down doesn't make the pain go away like when you've been walking around town shopping for a couple of hours. The pain is still there, it's just not getting any worse while you sit.
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