Trump Administration moving to allow Restaurants to keep workers tips

People should stop eating at thoes places . the workers depend on thoes tips and their pay reflects that.
The ones who will benefit from this don't even need the money , but someone who uses it to feed their family do
....

Edit....you don't tip your server because some ass hat behind a desk have you good service......

originally posted by: JHumm
People should stop eating at thoes places . the workers depend on thoes tips and their pay reflects that.
The ones who will benefit from this don't even need the money , but someone who uses it to feed their family do
....

Why are you getting so worked up when the OP didn't provide any proof to the claims?

That's the problem with people, instead of thinking they allow their emotions to take over.........

a reply to: JHumm

How do you know the tip policies of specific restaurants?

It's not advertised in my experience.

a reply to: Devino

I have never heard of an employer who doesn't use tip credit when they can. But in the case where an employer didn't do that (unicorn), yes, they could take tip money.

As for the lower menu prices. That would be interesting, another thing I've never seen a business do. I wonder what the burden of proof would be? It'll be interesting to watch the discussion around the proposal develop.

originally posted by: Dfairlite
a reply to: Krazysh0t

It is currently illegal for an employer to take an employee's tips for any reason other than a tip pool. So no, it cannot be inferred that this magically lets them pocket an employees tips.

Could you provide a link to back up this claim.

Some states allow tips to be used by the employer to subsidize a portion of his employee's wages. Could tips also be used in other ways? See "C. Discussion of Benefits and Other Potential Impacts of the Proposed Rule
i. Benefits" from Regulations.gov

To the extent employers may otherwise make an arrangement to allocate any customer tips to make capital improvements to their establishments, lower restaurant menu prices

a reply to: nwtrucker

No it does not if tips are part of their wages they continue to get the tips. If they are hourly and paid at least minimum wage a tip pool can be started for all employees including back of house who normally doesnt get tips. Servers would often tip say a cook but it was their option. This means a business can require it legally and collect it for them. As i said earlier read the law its explains it in detail.

originally posted by: Dfairlite
a reply to: Devino

I have never heard of an employer who doesn't use tip credit when they can. But in the case where an employer didn't do that (unicorn), yes, they could take tip money.

Some states do not allow tips to offset wages and I'm sure there are many establishments that don't do it but I don't know for a fact. I know the local "Unicorn" tavern doesn't.

As far as pocketing tips, I would like to read that law or else conciser it a possibility.

As for the lower menu prices. That would be interesting, another thing I've never seen a business do. I wonder what the burden of proof would be? It'll be interesting to watch the discussion around the proposal develop.

This seems too ambiguous and thus ripe for corruption.

when I miss a big thread, i like to jump to the last page and read the last few comments. And from there I can deduce the way the discussion went, or who screamed the loudest.

a reply to: Wayfarer

Both your own thread title and the first article's title are misleading.

From your Department of Labor link:

The Department is therefore proposing to rescind the parts of its tip regulations that bar tipsharing
arrangements in establishments where the employers pay full Federal minimum wage
and do not take a tip credit against their minimum wage obligations. This proposed rule applies
only to employers that pay direct cash wages of at least the Federal minimum wage and do not
take a tip credit. It does not apply to employers who pay less than the Federal minimum wage
and take a tip credit.

From what I can deduce from the actual text of the document, the change requested is that, IF a restaurant pays the full minimum wage and does not take a tip credit, they can pool tips received and distribute them amongst all of the employees as the owner deems appropriate.

Historically, tips have been seen as part of one's pay, which is why many server have an hourly wage less than the federal or local minimum wage. Now that some states have made laws that force a full minimum wage up front, these establishments now fall in a sort of grey area.

The proposed change(s) allow these establishments to now pool the tips and distribute them amongst everyone, since everyone contributes to the job that puts the food in the hands of the server and allows them to do their job efficiently and effectively.

I don't necessarily see anything WRONG with it, per se, but I do think that the bulk of the tips after being pooled better go to the best people doing the best work. I've always considered pooling tips as a pretty crappy way to choose to handle things, but at the same time, if this is the practice of the business, it must be made known at the time of hiring, and if someone doesn't like that, they can either negotiate a higher portion of the pool, continue looking for another job, or work this one until they can locate a better one that rewards their hard work more directly.

I don't see anywhere in the actual DOL document that says that taking tips to increase the profit of the business is legal now, or will be per this proposed change. Maybe you can enlighten me and point me to the page(s) of the PDF that states this?

originally posted by: SlapMonkey
a reply to: Wayfarer

Both your own thread title and the first article's title are misleading.

From your Department of Labor link:

The Department is therefore proposing to rescind the parts of its tip regulations that bar tipsharing
arrangements in establishments where the employers pay full Federal minimum wage
and do not take a tip credit against their minimum wage obligations. This proposed rule applies
only to employers that pay direct cash wages of at least the Federal minimum wage and do not
take a tip credit. It does not apply to employers who pay less than the Federal minimum wage
and take a tip credit.

From what I can deduce from the actual text of the document, the change requested is that, IF a restaurant pays the full minimum wage and does not take a tip credit, they can pool tips received and distribute them amongst all of the employees as the owner deems appropriate.

Historically, tips have been seen as part of one's pay, which is why many server have an hourly wage less than the federal or local minimum wage. Now that some states have made laws that force a full minimum wage up front, these establishments now fall in a sort of grey area.

The proposed change(s) allow these establishments to now pool the tips and distribute them amongst everyone, since everyone contributes to the job that puts the food in the hands of the server and allows them to do their job efficiently and effectively.

I don't necessarily see anything WRONG with it, per se, but I do think that the bulk of the tips after being pooled better go to the best people doing the best work. I've always considered pooling tips as a pretty crappy way to choose to handle things, but at the same time, if this is the practice of the business, it must be made known at the time of hiring, and if someone doesn't like that, they can either negotiate a higher portion of the pool, continue looking for another job, or work this one until they can locate a better one that rewards their hard work more directly.

I don't see anywhere in the actual DOL document that says that taking tips to increase the profit of the business is legal now, or will be per this proposed change. Maybe you can enlighten me and point me to the page(s) of the PDF that states this?

I agree! However a merit based system is already being called racist because not enough POC are getting hired......

I skimmed over the whole actual document. What I got out of it was the 9th circuit agreed with some employees in certain states that they deserved minimum wage PLUS tips. Employers obviously disagree - and so do I.

There were several options recommended. The one I liked was to roll back to what it was like before the judicial put its unrealistic paws on the issue prior to their 2011 hearings because prior to that there was not an issue.

a reply to: seeker1963

But are enough POC applying and getting denied BECAUSE they are not...I guess...People Of White?

I doubt it.

The deluded Trump followers may learn from this. Though some of his followers are just out and out republican rich people lovers, so this won't really bother them.

Maybe the deluded ones who actually think Trump gives a dam about them may slowely start to smell the rat he really is

originally posted by: Zarniwoop
a reply to: JHumm

How do you know the tip policies of specific restaurants?

It's not advertised in my experience.

Some are starting to. For example a restaurant my daughter had co-ownership in changed their policy to no tipping. They added a 20% surcharge on top of the original menu prices explaining that it was to help compensate back-end staff.

Of course, the then owner-daughter had left-kept the majority for himself.

originally posted by: Willtell
The deluded Trump followers may learn from this. Though some of his followers are just out and out republican rich people lovers, so this won't really bother them.

Maybe the deluded ones who actually think Trump gives a dam about them may slowely start to smell the rat he really is

Uh huh, quick question, do you know what the subject is about or did you see Trumps name?

originally posted by: Willtell
The deluded Trump followers may learn from this. Though some of his followers are just out and out republican rich people lovers, so this won't really bother them.

Maybe the deluded ones who actually think Trump gives a dam about them may slowely start to smell the rat he really is

What does Trump even have to do with this?

originally posted by: dragonridr
a reply to: nwtrucker

No it does not if tips are part of their wages they continue to get the tips. If they are hourly and paid at least minimum wage a tip pool can be started for all employees including back of house who normally doesnt get tips. Servers would often tip say a cook but it was their option. This means a business can require it legally and collect it for them. As i said earlier read the law its explains it in detail.

I' missing your point, sorry. How are tips 'part of the wages'? They are distinctly different.

a reply to: Wayfarer


From what I read of the bill, employers already take a cut out of the tip pool to subsidise wages since 1966.

This bill seeks to give them the right, if they pay greater than the statutory minimum wage to the front of house staff....To take their tips and bump up the wages of the back of house staff. That right?

Hell, I would never want to tip in America. I would want my money to go direct to the woman bringing my beer or the one swinging round the pole, not some sleazy guy wanting his next Porsche to be a better model than the last.

It seems to me that this isn't a Trump thing, but an American thing, since it was going on since you were still spraying agent orange over much of S E Asia.

originally posted by: thesaneone

originally posted by: Willtell
The deluded Trump followers may learn from this. Though some of his followers are just out and out republican rich people lovers, so this won't really bother them.

Maybe the deluded ones who actually think Trump gives a dam about them may slowely start to smell the rat he really is

Uh huh, quick question, do you know what the subject is about or did you see Trumps name?

originally posted by: knowledgehunter0986

originally posted by: Willtell
The deluded Trump followers may learn from this. Though some of his followers are just out and out republican rich people lovers, so this won't really bother them.

Maybe the deluded ones who actually think Trump gives a dam about them may slowely start to smell the rat he really is

What does Trump even have to do with this?

Exactly, might as well say it's Trump who is allowing transgenders into military....