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 Message 22085 of 22774 in Behind the Bar
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Subject: Re: Employee Rights?
From: Chris Milligan
Posted: Wed Jan 20. 2010, 16:26 UTC
Followup to: "Employee Rights?"  by bengal889  (Sun Jan 17. 2010, 00:30 UTC)
>      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.net
www.sfbarman.barstore.com


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