Tipping A Waiter/Waitress

[lonesome killer]

http://www.dol.gov/whd/regs/compliance/whdfs15.pdf

From what I understand the employer can pay you $2.15 if they prove that you make at least minimum wage with tips. If they cannot prove you make minimum wage with tips, then they must make up the difference. (So if you make $6.00 /hr with tips they must pay you $1.25 extra /hr). They must also notify you of this rule if they are saying that you make at least minimum wage. If they don't, then they will be forced to pay you minimum wage and you can keep extra tips.

As all laws this requires some knowledge from both employees and employers. If your employer never tells you, well it's your responsibility to read up on current laws too.

 

[lonesome killer]

Restaurants do a lot of illegal things... like forcing staff to pay for the food of dine-and-dashers.

Actually according to the rule I posted (http://www.dol.gov/whd/regs/compliance/whdfs15.pdf), making staff pay for dine-and-dash is acceptable, as long as it doesn't take them below minimum wage.

It's like people put more effort into looking up what smart phone they want next instead of looking up laws regarding their legal rights as workers.

 

[English]

Restaurants do a lot of illegal things... like forcing staff to pay for the food of dine-and-dashers.

I am not saying that they don't do illegal things, but why should I as a paying customer who doesn't dine-and-dash be expected to add "gratuity" because other people commit illegal acts?

If you don't believe me look it up or ask someone who's done that as a job, I know thats what it is in many areas, local and nonlocal

I did look it up. You didn't read what I wrote. And I am not saying that I don't believe you Ragnarok, I am saying that what they are doing is illegal. Federal and State law prohibits what you say is happening, IN EVERY STATE. Each and Every tipped employee is required by federal law to make at least $7.25/hr.

Added:

If you are going to have a workforce that is completely compliant to whatever illegal activity their employer is doing then of course it is going to continue. Employees need to educate themselves and stand up for their legal rights. Is every situation going to be perfect? No. Should you expect to be treated fairly and justly according to the law? Yes. Is someone else going to come along and do it for you? Probably not

 

[Ragnorok]

IF that is the practice of the business then that business is illegally underpaying their employees.

Sorry about that, someone else gave me this exact argument, and gave me a bullcrap reason of oh the restaurants wouldn't do anything like that, flashbacked to that argument, apologies.

 

[English]

I understand your frustration and anger. I know that there are companies that break the law and/or try to skirt the law. Without direct knowledge of these businesses and employees willing to talk about it there is not a whole lot that can be done. The best thing an employee can do is become educated about their rights and the obligations of their employer.

 

[VintagePC]

Actually according to the rule I posted (http://www.dol.gov/whd/regs/compliance/whdfs15.pdf), making staff pay for dine-and-dash is acceptable, as long as it doesn't take them below minimum wage.

It's like people put more effort into looking up what smart phone they want next instead of looking up laws regarding their legal rights as workers.

Must be a state law in some states then; I read a lengthy discussion on it at one point and the conclusion was that it was illegal.

 

[English]

Yeah that could be on a state by state basis. Federally it could be legal but a state is allowed to enact a law that is more stringent that federal law. (Woo States' Rights)

 

[English]

And I want to applaud Geoff for a thought provoking question that has produced intelligent discourse!

 

[Geoff]

And if we have this mentality that you have Geoff, then it is no longer a "tip" and more of an added expense that is non negotiable. People should not call it a "tip" or "gratuity" if it is borderline mandatory

Do I think you should leave a smaller tip of the waitress is horrible at her job? Sure. The scenario Reechard gave, I can totally understand someone like that getting basically nothing on tips if they can't do their job properly.

But if someone works their ass off for a table that has a $100+ bill and only gets $3 and the person says "You should be grateful for that amount", I'd kick that person in the teeth. Yeah, I feel the tip is mandatory. Maybe not 20% at all times, but giving a tiny ass amount on a huge bill isn't cool.

My biggest issue with this is simple. Tipping isn't that hard to do. Make someone's day, tip a decent amount.

Oh, to edit real quick (still reading through first page). Yes, a restaurant is SUPPOSE to make up for that shit, but they usually don't. Illegal? Probably. Do they care? It doesn't look like it. I know my friend makes her living off of tips and I know she brought this issue up so I'll have to find her post about it again.

 

[CorruptDictator]

When i eat out, I tip 10-15% based on service quality. I am willing to go above or below that standard if someone either really impresses me, or is a horrible server. At a bar I tip a buck every other time I go up to the bar.

 

[LavaRed]

I stick with a standard 10-12%, then increase based on service(keeping a full beverage, removing finished plates, and general checking on our satisfaction with the meal). I view tipping like I view my traditional performance evaluations: If I'm doing poorly, then there is no raise in it for me. If my server fails to do the above mentioned things, I feel as though the obligatory tip to help hit minimum wage should be good enough.

Ah yes, I also take into consideration how many tables my server is attending simultaneously. For example, I had a waitress last weekend who was managing 4 parties, one of which was a party of 15ish people. Sure, there was a time or two I had an empty beverage, but come on, she was dealing with almost 30 people at once! I believe we tipped her VERY well that evening.

Sidenote: She still only took a maximum of 5 minutes to take care of my beverage.

 

[lonesome killer]

Yes, a restaurant is SUPPOSE to make up for that shit, but they usually don't. Illegal? Probably. Do they care? It doesn't look like it.

Then it is the employee's respsonsibility to notify the proper people, usually your local office of the Department of Labor.

 

[lonesome killer]

Must be a state law in some states then; I read a lengthy discussion on it at one point and the conclusion was that it was illegal.

You're correct it must be a state law. The federal law says:
"Where deductions for walk-outs, breakage, or cash register shortages reduce the employee’s wages below the minimum wage, such deductions are illegal."

 

[Geoff]

Let me just throw this out there as another discussion point, two scenarios:

1. You go to a bar, order a drink for $5.00 and leave the bartender a 15% (75 cent) tip .

2. You go to a bar, order a $400.00 bottle of wine, and leave the bartender 15% ($60).

In both cases... the bartender did the exact same amount of work (not talking about situations that require extra work such as mixed drinks, just straight pour from a bottle). Fair? Not fair? Why?

The argument I hear a lot is that the $60 tip is excessive for the work involved, but you also get the HURR HURR 15% minimum, anything less is cheap crowd (and their argument is justifiable _IF_ it's a scenario where the bartender actually has to do more work for the $400 tab - i.e. if he had a party of 10 and a lot of drinks to actually serve)

Curious to hear what folks here think. IMO tips should be more related to the amount and quality of work done by the person serving you. While the total bill can reflect that... it doesn't always correlate as described above. So what amount would you tip if you ordered the wine above?

From a simple google search, they explain why you should still do 15-20%. And personally, I agree. If you're capable of spending that insane amount on wine, how the hell can't you tip a nice amount too?

To me, the bottom line is tip decently unless your waiter/waitress is a complete ass to you. If you don't have the money or common decency to tip someone well when they did their job well, you shouldn't be eating out.

 

[English]

I usually tip very well (baring the few times where the waiter/waitress sucked beyond all belief), but there is no way in hell I am going to tip a bartender $60 for dropping off a bottle of alcohol and then doing nothing else all night. I'm sorry but you didn't earn a $60 tip not even close. You "made" one drink and dropped off 4 glasses. It probably took you less time to do that than to actually make a drink. So no. I will never tip a bartender 15% of a bottle price for handing me a bottle so I can poor my own drinks.

Added: I am strictly talking about a bartender, not a waiter/waitress. And yes I do think the distinction is very important. If I am at a restaurant and ordering food as well as an expensive bottle of alcohol I will tip appropriately. But if I am sitting at the bar or at a club and get bottle service, then I am tipping as if I ordered a couple drinks and not a % of the bottle.

 

[Statboy]

The doctor I work for got his first job parking cars at a posh restaurant in Phoenix when he was 16. He loves to tell the story about when he met Elvis. Elvis was a notoriously good tipper, when he went to the restaurant my doctor worked at he tipped several of the staff in 20's leaving most of them with over 100 dollars (in the 1960's), he then ran out of money when my doc pulled up the car for him, so Elvis emptied out his change purse for him (around $20 in change he guessed). The doc was so offended that he dumped all the money into Elvis's lap and told him "you probably need this more than me". My doc now regrets those actions and believes any tipping is a show of charity and kindness.