> I have been told that the rights for employees that work for
> tips and those that do not differ slightly, so I just have a few
> questions regarding my rights as an employee in a nightclub. I have
> been barbacking in a very large nightclub for almost two years.
> My first question is can my managers tell us that we are not
> aloud to recieve an hourly rate? I personally work 10 hour shifts two
> nights a week and recieve $2.83 an hour plus tips. However, the
> shotgirls and beertub girls have been told that they can not recieve
> an hourly rate because they make too much in tips. But on most nights
> they do not make more than the bartenders or myself in tips, so this
> does not make sense to me.
> My second question is can my managers force us to work without
> pay? We must come in throughout the week to clean, promote, pass out
> flyers,etc. without pay in order to get our shifts on the weekend. If
> you don't come in you don't get scheduled to work. I could understand
> if we were paid for this, but it seems to me like my employers are
> threatening our shifts in order to recieve all this work for free,and
> I'm talking about around 50 employees that must do this 2 to 3 hours
> a week. If I refuse to do this "volunteer" work and lose my shifts
> what are my options? Is there somebody to contact to report this type
> of activity? Thank you for any help you can provide.
>
>
Tipped income is income and as long as you are making the federal minimum in
regards to your hours, then your employer is not "required" to pay a wage.
You, according to IRS regulations, are required to declare all tips that you
receive and keep a daily record of those tips. Essentailly, you work, for
lack of a better phrase, as an independent salesperson for a parent company
(the bar).
Most employers offer a wage like $2.83 per hourto help with taxes: others pay
more because of the the physical labor involved in maintaining the bar. When
I worked for Outback as a bartender, I was paid 2.13 per hour, just like the
rest of the FOH staff.
So there is nothing illegal that your bosses are doing however I do question
the ethics of their business practice.
The main question back to you is are you maiking a comforatble living on your
tips. If so, good. If not, find another place.
I would also recommend talking to an IRS tax specialist about tipped income
and declaration so you have no surprises when it is time to file.
Cheers
--
Chris
www.sfbarman.netwww.sfbarman.barstore.com