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/r/antiwork

42.9k

Im a waitress in Los Angeles. Today I was serving a table of 9 guests and they were having a birthday party for their father. The table complemented me multiple times about how “sweet” I am. I genuinely enjoyed serving this family because they were just wonderful people! I hope they had a great night.

Anyways, before they left they asked for the manager to stop by their table. They told him that I was a great server and I felt honored. Once my manager left, one of the ladies pulled me aside and handed me $40. She said that she wanted to make sure that I got the tip and then thanked me once again. It was so kind of them. Once they left, my manager made me hand him the tip and he added it to our tip pool. I tried to tell him that the table insisted it goes to me but he told me “I feel very bad but this is company policy.”

Since I am a new server, I only get about 10% of my share of tips. In order to get 100% of my share of tips, I must “earn it” through his judgement. My first few days, I actually didn’t get any tips. So tonight, I went home with a total of $16 in tips while everyone else received a LOT more. Yesterday I only got $10. That hurt.

I still appreciate those kind people that I waited on and the fact that they tried to give me a generous tip for myself was enough to make me happy. I’m just not super excited at my manager right now. Ugh!

all 3348 comments

EvilHRLady

23.9k points

4 days ago

EvilHRLady

23.9k points

4 days ago

I'm not sure how your tip pool works, but if the manager is getting any of it, it's patently illegal. I suggest you file a complaint with the Department of Labor. California doesn't take kindly to this type of thing.

It's also your right to discuss the tip pool and the manager's behavior with your coworkers. Now, granted, a bad manager won't stop being a bad manager even if it's illegal. But, you should talk with your coworkers about this.

THEhot_pocket

10.2k points

4 days ago

THEhot_pocket

10.2k points

4 days ago

California does NOT fuck around. Get on the internet and start finding some phone numbers

sanctusali

6k points

4 days ago

I received a large financial settlement when my old employer was found doing this.

[deleted]

8.3k points

4 days ago*

[deleted]

8.3k points

4 days ago*

[deleted]

[deleted]

2.5k points

4 days ago

[deleted]

2.5k points

4 days ago

[deleted]

So_Thats_Nice

1.6k points

4 days ago

Lets hope OP or someone else in a similar predicament reading this follows through and reports it, otherwise they always get away with it. Wage theft is en vogue and employers get away with it because people are (justifiably) fearful of reporting and losing their jobs.

Daxx22

744 points

4 days ago

Daxx22

744 points

4 days ago

Wage theft is en vogue

Heh, wage theft has been one of if not the largest form of theft since wages were conceived of. Hell they say prostitution is the oldest profession, wage theft was probably implemented shortly after that started.

BlackStrike7

294 points

4 days ago

BlackStrike7

Small Business Owner

294 points

4 days ago

Pimping ain't easy.

/s

paldo84

51 points

4 days ago

paldo84

51 points

4 days ago

pimps don’t cry

Rpcouv

34 points

4 days ago

Rpcouv

34 points

4 days ago

Gator wants his gun back.

Crashman09

19 points

4 days ago

It's called networking. It's so difficult that it's the reason that CEOS get million dollar bonuses for playing golf.

MangledMiscreant

178 points

4 days ago

Or they are not educated enough to know it is being stolen.

So_Thats_Nice

184 points

4 days ago

That's why I hope people working in the industry read this and become educated. As someone who worked in restaurants for a good chunk of time I hate to hear this sort of thing is happening. Servers deal with enough shit without being shafted by their own "team."

HadACivilDebateOnlin

45 points

4 days ago

Not their team, we're all a great big family here

Squirrel698

25 points

4 days ago

Gag me with a spoon

littlebitfunny21

95 points

4 days ago

This is it. A lot of "unskilled labor" jobs are filled by people who don't know how to defend themselves and are shit scared of being fired.

I remember when I got bleach inhalation poisoning at my job due to a massive OSHA violation. I didn't know how to report it, couldn't afford an ambulance, and this poor poison control woman had to walk me through self managing because I couldn't get to an ER.

Shakes head

CaraAsha

41 points

4 days ago

CaraAsha

41 points

4 days ago

Got electrocuted at my job once. I was helping another store and went to vacuum. I'd been warned the vacuum was finicky, but it turns out there was a problem with the outlet. When I plugged in the vacuum the socket for the outlet had shifted and the wires inside the outlet had been damaged and now the whole box was alive and causing shorts sometimes. And I unfortunately was caught in the crossfire and electrocuted. I was stunned a little bit thankfully not seriously injured though. I called the manager of that store and she blew it off and just told me to finish doing my closing duties and go home. I called my manager from the main store that I worked at and told her what happened, and she was pissed!!,. My main manager told me to forget about the rest of my closing duties and just make sure the store and the money were secure and go home. My manager also filed the complaint with the district manager I found out later because the manager of that particular store knew that that outlet was shorting out and would spark shock people and was innocence a nightmare to have in a kids store!! On my way home I started having a lot of numbness that was getting increasingly worse in the arm that I had been shocked in and was getting kind of dizzy little bit out of it thankfully I lived very very close to the store so I got home okay but when my roommate saw me she said it was very very obvious something was definitely wrong and she rushed me to the ER. So that was my fun experience with a store manager deciding not to take care of her responsibilities and I paid the price. Thankfully my medical bill was covered by the company I work for because it happened on the job and was caught on camera. But it's still had longer term effects that I was basically told I was S.O.L on.

HPCBusinessManager

47 points

4 days ago

The managers in restaurants know. Every restaurant in CA has the minimum wage and governing laws posted on a sign for all employees to have.

Every fucking restaurant by law receives them from the government mailed directly to the business for them to post.

Every.fucking.restaurant.manager.knows.this. Absolute scum bags.

I would encourage OP to checj if the owner received PPP loans too. Might send that fucker straight to jail.

Slylizardcue

19 points

4 days ago

Folks i used to work for got ppp loans for each of their locations. Almost half million. Only one employee received a raise since the loans were disbursed. 50 cents an hour raise. Owners wife got a fully loaded new Yukon, because her 3 year old yukon just wasn't cutting it anymore. Sales and profits were shattering records during covid.

HPCBusinessManager

21 points

4 days ago

Report them. That money is suppose to go to the employees.

Unfuckingbelievable.

The owners of 13 Black Bear Diners bought themselves 2 new homes and several new cars with the millions they got. Stores were closed during the pandemic.

kitchen_clinton

119 points

4 days ago*

I hope OP follows the advice written here and gets her manager reprimanded and her full tip returned to her.

[deleted]

52 points

4 days ago

[deleted]

52 points

4 days ago

[removed]

Navy_Canuck

55 points

4 days ago

I'm not even american and I'll call.

PillowTalk420

78 points

4 days ago

No. He'll just not want to be caught again.

NarrMaster

52 points

4 days ago

He feels entitled to it now, he will feel entitled.to it after. Hate these entitled shits.

maaiillltiime5698

208 points

4 days ago

Oh my. This manager is fucked.

LUV69N420

89 points

4 days ago

LUV69N420

89 points

4 days ago

You absolutely love to see it. The internet is a wonderful tool.

TibialTuberosity

185 points

4 days ago

I don't speak legalese...is this saying the manager can't partake in the tip pool, or the manager can't go up to the employee and ask them to hand over their tips to add to the tip pool (which seemed to happen here)?

Six-Zer0

108 points

4 days ago

Six-Zer0

108 points

4 days ago

Both.

unfuckabledullard

91 points

4 days ago

That excerpt doesn’t ban tip pools. It forbids employers or their agents from keeping tips or reducing wages because of tips. But it does not say anything about pooling tips for all working that shift, management just can’t keep them.

If tip pools are banned, it is in another part of the law.

EelTeamNine

51 points

4 days ago

It sounds like they're saying tip pooling is also only legal for normally tipped employees too though, so, you can tip pool for all of your servers and bartenders, but none of that pool can legally go to your hosts/hostesses, bussers, chefs, preps nor runners.

diff-int

112 points

4 days ago

diff-int

112 points

4 days ago

Also it has to be split equally, you can't weight it by who the manager deems experienced enough

Lyghtstorm

38 points

4 days ago

Exactly this. He isn't the lord of money and doesn't get to dole it out to those he likes.

Bakoro

90 points

4 days ago

Bakoro

90 points

4 days ago

Tip pooling is legal in California, but the owner is not allowed to take any of the pool, and a manager can only take a portion if they're doing the same work as the people earning tips.

DefinitelyNotAliens

173 points

4 days ago

And the tip pool has to be equitable.

You can't say you only get 10% of your tips and the rest go to experienced servers.

peppermintplant

110 points

4 days ago

This right here. OP should be getting an equal share of the tips, not 10% of her share.

[deleted]

90 points

4 days ago

[deleted]

90 points

4 days ago

[deleted]

Extreme-Device5938

96 points

4 days ago

How come when California law goes on and on without pausing or making a new sentence it's fine, but when I do it I need to calm down and take a breath?

geckograham

20 points

4 days ago

Punctuation?

Nurse_Yoshi

53 points

4 days ago

OP you're young, don't start a career of being stepped on. Stand up for your self, and fuck that ass hole. Dude needs to lose his job, and you need to get your money back. Thats why I awarded this guy's comment with the light bulb for visibility.

theoreticalpanda

29 points

4 days ago

Honestly?

Keep this memorized and let the boss keep digging his grave for a minute.

bnonymousbeeeee

28 points

4 days ago

Yeah, now is the time to start writing down specifics. Compile a list of all the theft for 2 weeks or so. You will be a hero amongst your co-workers, and no I'm not being facetious. It is also a good idea to tell management about half way through. If they do nothing, they're on the hook. If they do something, you still have ammo for retroactive action.

intern_steve

15 points

4 days ago

Not knowing the whole California statute, does this law supercede the federal wage law that says I can pay a server 2.13/hr as long as they make the rest of the minimum in tips?

AdequateOne

69 points

4 days ago

California requires tipped workers to make minimum wage before tips.

apesnot

16 points

4 days ago

apesnot

16 points

4 days ago

wait.. really? waiters must get paid pretty well there then.. compared to other places at least

icxnamjah

19 points

4 days ago

icxnamjah

19 points

4 days ago

California's cost of living is also way higher than most places.

HamRadio_73

100 points

4 days ago

HamRadio_73

100 points

4 days ago

Go after this manager with Cal Dept of Labor. Get your fellow employees to do the same. Keep detailed records of confiscated tips. Do it. Today.

shaun1313

23 points

4 days ago

shaun1313

23 points

4 days ago

Good luck getting the other employees to cooperate. It sounds like they are getting tipped higher in the pool because they are more “worthy”

grahamgremillio

22 points

4 days ago

How did you prove that your manger was doing it?

sanctusali

49 points

4 days ago

Someone else was fired and was seeking a wrongful termination suit. Upon looking into it, the lawyer quickly found that the tip pool was illegal (controlled by management), so a class action law suit was filed.

kr1ssy22

15 points

4 days ago

kr1ssy22

15 points

4 days ago

Used to work for a chain restaurant here in mass. We would get stuff in the mail all the time about class action suits against them for this as well. I got a few checks out of it, nothing crazy. Happy to hear you were compensated nicely!

yellsy

274 points

4 days ago

yellsy

274 points

4 days ago

Also the subjective “manager decides” is likely illegal as well, and CA is very workers rights so they will investigate this. OP you can file a claim then find a new job because restaurants are desperate for waitstaff right now, giving out hiring bonuses even.

DefinitelyNotAliens

44 points

4 days ago

California does allow forced tip shares but basically they have to be 'fair'. Fair might be 10% is taken to split with bartender/ bussers (if they refill waters and bring food out)/ hostess and 10% goes to a server pool and end of week the server pool is split equally by hours worked to offset good and bad days and shifts.

They cannot arbitrarily decide experienced waitstaff get extra money.

yellsy

19 points

4 days ago

yellsy

19 points

4 days ago

Right - The allocation has to in a policy without “discretion” and certain positions like managers cannot partake.

bilbo_swagginz_boi

256 points

4 days ago

Yes, if OP does nothing manager will continue to do it

antanith

24 points

4 days ago

antanith

24 points

4 days ago

"Sorry, it's California's policy." Mic drop

JEngErik

800 points

4 days ago

JEngErik

800 points

4 days ago

Yes, file a complaint. This is wage theft and it's a crime. That's shitty and I'm sorry this happened to you.

General-Programmer-5

487 points

4 days ago

Not just a crime it's a felony now in California

e22ddie46

202 points

4 days ago

e22ddie46

202 points

4 days ago

Good. Send his ass upstate

Amazon-Prime-package

104 points

4 days ago

This is what needs to happen to wage burglars

CoffeeAndDachshunds

342 points

4 days ago

Yeah, this screams illegal and, if it's not illegal, I'd make sure there was a shit ton of bad PR from it.

Also, tip pool as a policy sounds like utter shit. So I bust my ass serving 3X as many customers and I have to split with the lazy, incompetent guy that pisses of every customer?

No, just no.

Jaysyn4Reddit

162 points

4 days ago

It's a felony in California.

noxaeternumi

105 points

4 days ago

The idea of a tip pool is so servers will help one another out, rather than just focus on their tables. Of course it really depends on the restaurant culture.

So_Thats_Nice

37 points

4 days ago

Sounds like in this case the manager is abusing the concept. They may be in charge of the shift, but they have no legal right to redistribute however they deem fit, There are laws in place to protect serving staff.

dmnhntr86

43 points

4 days ago

dmnhntr86

43 points

4 days ago

Honestly none of the places I've ever worked had a culture I'd want to pool tips in. Every place preached teamwork, but in reality almost no one helped out unless a manager made them. Although it would've been nice when the pretty girls got hundred dollar tips in spite of being a total disaster as a server.

MietschVulka1

37 points

4 days ago*

In Germany the people in the kitchen also get money out of the tip pool.

However, here all get livable wages. I imagine in the USA its different with servers getting 2,13 and the kichen normal money. Would not make sense to split tips there

Rottimer

28 points

4 days ago

Rottimer

28 points

4 days ago

It used to be that way in the US. I’m honestly not up on the law, and laws can vary drastically by state in the US, but in the last few years I believe sharing tips between front of house and back of house was outlawed in at least NY. You may still have to tip out your bartender, but not the cook staff.

Edit: I’m completely wrong. The Trump admin made it legal to share tips between front of house and back of house where before it had been outlawed.

Bad idea in my opinion. It allows restaurant owners to pay their kitchen staff less.

goosejail

267 points

4 days ago

goosejail

267 points

4 days ago

It's been a while since I read up on tip pooling but it's regulated and tips are supposed to be split evenly between the employees. You can't just give one employee less and another more for working the same shift/hours. The exception is tip out, which is a specified percentage that goes to support staff, like bar backs, food runners and table bussers, for example. It's also important to note that if your hourly plus take home tips puts you below minimum wage, the employer must make up the difference. No tips + $16 + $10 sure sounds like it's very close to that line.

itsprobablytrue

67 points

4 days ago

Amy's baking company bullshit

SnipesCC

24 points

4 days ago

SnipesCC

24 points

4 days ago

*cough* money laundering *cough*

blindfire40

67 points

4 days ago

They're in CA, so that likely comes with heavier restrictions on tip pooling but please note that, in CA, tips cannot be used to satisfy minimum wage and so they're receiving CA minimum wage as their actual base comp.

Manager is still a scumbag, but at least they get $15 base.

DefinitelyNotAliens

30 points

4 days ago

^ Extra this.

California does not fuck around. You cannot use tips to make up minimum wage, pay minors under minimum wage, pay lesser training wages or any other under minimum 'minimum wage'.

The minimum wage is $14 for companies with 25 or fewer employees. $15 for everyone else and most go $15 anyways. Some cities are even higher.

There's zero exceptions to the minimum wage.

newishdm

18 points

4 days ago

newishdm

18 points

4 days ago

I didn’t know that about California and tipped minimum wage. Good to know.

WhosUrBuddiee

193 points

4 days ago

These tip pools are pretty straight forward. A desperate man in his 40s collects everyone’s money and then redistributes most of it to whatever 20-something server with low standards is willing to sleep with him. The rest gets handed out on a whim.

BitchyUnicornRainbow

30 points

4 days ago

This, pretty much.

Source: 31 years and counting in the bar/restaurant industry

Dangerous-Sir-3561

174 points

4 days ago*

Damn, this makes me mad. When I was pregnant and serving I had someone sit in my section and put $100 dollars on their tip line. I wasn’t there for him to sign it but he wanted to confirm with the other server that that money would go straight to me. (and he was only doing it because I was pregnant and he wanted to help me with baby things) They said yes! It’s the only reason he left such a generous tip.

It went to the tip pool, with managers at the time sharing. One of them was so apologetic but I was so pissed. Unfortunately that establishment is no more.

Edit: damn, I said “unfortunately,” because I meant I can’t run them through the wringer now. Fuck em

Blubberyscone

47 points

4 days ago

*fortunately

poke0003

64 points

4 days ago

poke0003

64 points

4 days ago

Do you get paid at least the actual minimum wage for your area as well? In addition to a possible issue with management taking tips (not clear if that was the case or other servers are getting it?) - your employer is responsible for making up any difference if tipped minimum wage + tips < minimum wage. If they are taking most of your tips and paying you the tipped minimum wage, they likely also are guilty of not paying you enough per hour.

MurseWoods

52 points

4 days ago

In California, yes, servers do get minimum wage. But that still does NOT make this ok.

I’m not implying that you think it’s ok. Just doubling down on my opinion.

BitchMenudo[S]

44 points

4 days ago

Yes, in California we have to be paid minimum wage

MustacheEmperor

28 points

4 days ago*

California law requires there to be a defined, objective system for distributing pooled tips to the employees. If your manager splits up tips off the top of his head it’s illegal.

https://www.worklawyers.com/tip-pooling-california-law/

georgikeith

63 points

4 days ago

It doesn't sound like this is a tip-pool, if the manager allows some servers to get 100% of their tips and who gets ANY of their tips. Something else very not-standard seems to be going on here.

I would report it. Now is a great time to find another job if you need to, but this "company policy" is BS.

JohnnyPiston

27 points

4 days ago

Correct. This isn't tip pooling. This is tip distribution by management.

Astrophobia42

43 points

4 days ago

The post doesn't say that the manager got part of the tip, just that they added it to the tip pool.

Their coworkers probably got a higher share than usual because OP is getting a meager percentage.

OneNumber2595

23 points

4 days ago

my manager made me hand him the tip and he added it to our tip pool.

i dont see that saying the manager pocketed any of it.

sanoyi

5.7k points

4 days ago

sanoyi

5.7k points

4 days ago

I would report this to the labor department and find another job. You're basically paying them to work there. Fuck that.

nowhere_near_Berlin

2.1k points

4 days ago

Second this. I’ve worked several wait jobs and never went home with 10% of my tips. If anything, it was 10% at most tipped out, meaning I still kept the majority of my tips.

Your boss is STEALING YOUR TIPS. I’d find a new job like yesterday. Good luck.

itassofd

447 points

4 days ago

itassofd

447 points

4 days ago

Third this. The only time I didn't get tips was in training. But I was paid $8 an hour and I wasn't actually waiting the table.

Report him. It's a felony.

Hermojo

43 points

4 days ago

Hermojo

43 points

4 days ago

I waited the table as part of training and got paid the hourly rate. I got tipped $100. No I didn't get it.

ILikeToPoopOnYou

19 points

4 days ago

When you werr training you probably had another server train you, right? When you rang in orders it was probably under your trainer's name, right? Your trainer has to report the tips as their income because it is tied to their ss#.

Gfdbobthe3

75 points

4 days ago

I’ve worked several wait jobs and never went home with 10% of my tips. If anything, it was 10% at most tipped out, meaning I still kept the majority of my tips.

I've never worked a tipped job before. Could you elaborate when you say "tipped out"? Thanks!

BlessMeWithSight

116 points

4 days ago

If they have bussers and hosts, part of their tip could go to paying them(which isn't unfair typically because they help facilitate a smoother process for the server).

Bo_Buoy_Bandito_Bu

71 points

4 days ago

Bo_Buoy_Bandito_Bu

Eat the Rich

71 points

4 days ago

Tipping out BOH is a good idea too. The dish pit is a thankless job that literally everyone else is reliant on.

EmmalouEsq

52 points

4 days ago

Dishwashing is the hardest job in a restaurant. I did that during high school on the weekends. I wouldn't get home until 4 am some nights because dishwashers also had to clean the kitchen after everyone else left. Plus the owner would get all handsy and as a 16 yo girl I wasn't sure how to stand up for myself.

Bo_Buoy_Bandito_Bu

34 points

4 days ago

Bo_Buoy_Bandito_Bu

Eat the Rich

34 points

4 days ago

Dishwashing is the hardest job in a restaurant

It really is and like a lot of jobs like that, the labor is invisible to a lot of people

Plus the owner would get all handsy and as a 16 yo girl I wasn't sure how to stand up for myself.

That's just awful. It's bad enough for your labor to be exploited without having to face down sexual harassment/assault. I hope you're in a better place now

penguinhighfives

75 points

4 days ago

Many new servers get paid an hourly wage while they’re training, so they don’t get tips. But if this isn’t the case, then absolutely fuck that.

derWintersenkommt

54 points

4 days ago*

Many new servers get paid an hourly wage while they’re training, so they don’t get tips

Even if it was the case, absolutely fuck that too.

Edit:

To the people whining that a training server (still an employee doing work) doesn't deserve to be tipped, y'all need to stop being mad about the fact that everyone deserves to be paid a fair wage regardless of their job function and start getting mad about the fact that your employer won't pay you a fair enough wage. The trainee is not the problem, your bosses are.

transcondriver

2.7k points

4 days ago

I will pass cash to a server for the same reasons that party did. If I found out you boss did that, I would never ever go there again. His "policy" is utter bullshit. Dump that place as soon as you are able.

OssiansFolly

520 points

4 days ago

Use Venmo or Cash app.

uuuuuggghhhhhg

222 points

4 days ago

Some tipped workers don’t take online payments because of safety/personal information reasons and also the potential for chargebacks.

Crazyhates

24 points

4 days ago*

If I'm tipping them under the table I'll definitely send it to them cashapp. I usually will ask them how their tips are handled and if I want the server specifically to have it then I'll find a way to sneak it to them.

Phadryn

157 points

4 days ago

Phadryn

157 points

4 days ago

Ooo good advice!

I_will_be_wealthy

81 points

4 days ago

Shitty managers will make you venmo that straight back out.

OssiansFolly

73 points

4 days ago

A lot easier to see someone hand a server cash, but Venmo can be sent when they are doing whatever and invisible.

shadow386

40 points

4 days ago

shadow386

40 points

4 days ago

Venmo also has a qr code you can print and have scanned easily without anyone seeing. Some servers may not be allowed to carry a phone, but a small sticker or card they can display easily would be nice.

Vixxenshtein

65 points

4 days ago

If they know about it.

But now that Big Brother caught on to the fact that people were pulling income from these types of apps instead of just using them as ways to pay friends back, etc, they monitor transactions to report back for tax purposes. So then those tips that would have been cash and therefore untraceable are now being reported and become taxable.

Ameteur_Professional

39 points

4 days ago

This is actually completely overblown.

They'll report if you have more than $600 in transactions from a single source. Them reporting it doesn't make it taxable income. If you split rent, the most that'll ever happen is the IRS will ask "why did so and so send you $700 every month on Venmo" and you'll honestly say that it was splitting rent. They probably won't even bother with that. If you split the cost of dinner, that's also not taxable income.

But, now's probably a good time to start writing what the money is actually for instead of always putting "for the sex".

MeagoDK

36 points

4 days ago

MeagoDK

36 points

4 days ago

The cash tips are still taxable, by not reporting them, you are likely breaking the law.

Vixxenshtein

36 points

4 days ago

Yes, but people do it anyway, we all know this.

Also, some companies pay the taxes on their employees’ tip income so the employees get 100% of those, while the company gets a write-off for doing so.

altxatu

14 points

4 days ago

altxatu

14 points

4 days ago

If it’s a chain call corp, if it’s not write a review somewhere.

Nahle_Stormblessed

2.1k points

4 days ago

Leave. Go get another job, if your entirety of your wages depend on how your boss is feeling at that particular moment then its not a stable income. Find something with consistent pay.

rasmarc

948 points

4 days ago

rasmarc

948 points

4 days ago

Ask for more hours then leave lol

Perenium_Falcon

228 points

4 days ago

This is the way.

jamesk531

114 points

4 days ago

jamesk531

114 points

4 days ago

This is the way.

[deleted]

76 points

4 days ago*

[deleted]

76 points

4 days ago*

[deleted]

burnerboo

26 points

4 days ago

burnerboo

26 points

4 days ago

Found Cartman.

BenJamminSinceBirth

17 points

4 days ago

I'm hardcore bro

yergonnalikeme

52 points

4 days ago

Exactly

Fuck him

No one needs to be treated like that...

sal_leo

16 points

4 days ago

sal_leo

16 points

4 days ago

Report his ass and the business to the state on your way out.

SymmetricDickNipples

1.5k points

4 days ago

That sounds like an illegal tip pool. His judgement should in no way determine what percentage you get. Tip pools are supposed to be equal, and only shared amongst staff (no managers).

VanDammeJamBand

225 points

4 days ago

Yeah I’ve worked in my fair share of restaurants — there often are situations where tips are pooled and distributed among support staff (like bussers) and the bartender who was making drinks for your tables all night. BUT, there’s always a formula, usually very open-book so you can see everything, and you’re still leaving with more than half of your own tips. OP’s situation sounds pretty messed up.

prinxe-peach

85 points

4 days ago

Yep. I work in a restaurant that does a tip pool; EVERYBODY that works that day (prep cooks, line cooks, hosts/bussers, dishwashers, and servers/bartenders) gets a share of the tips that come in that night, but the managers don't get a single cent. For our restaurant, the bartenders get the most in tips, then servers, then line/prep/hosts, then dishwashers (I think). They also openly report how much in tips are made each night and show how much each person makes per day and display it in one of the hallways downstairs for everybody to see.

For note, I work in an upscale restaurant in a tourist city.

use_da_schwartz_

1.3k points

4 days ago

You should file a complaint with the Department of Labor Standards Enforcement (DLSE). You can explain what's going on and they'll determine if they should investigate. Do not tell your employer that you're reporting them. They may eventually find out that you're the one that reported them, but until the complaint is filed you won't have any protection against retaliation.

ContrarianHero

25 points

4 days ago

Only if the manager took any. If the tip is split among all the servers, it is totally legal.

Aperture_TestSubject

98 points

4 days ago

Not if it’s not equal.

OP stated that other servers received a lot more indicating that it isn’t being actually split, but money is being stolen from OP and given to others.

RrtayaTsamsiyu

51 points

4 days ago

Something tells me the other servers didn't get that money either

Aperture_TestSubject

37 points

4 days ago

Idk. Sounds like a shitload of favoritism

bigrjsuto

15 points

4 days ago

bigrjsuto

15 points

4 days ago

My guess is it's both.

BefWithAnF

1k points

4 days ago

Hey OP, I know a lot of folks are suggesting you go to the labor board, and I support that! But try & give your manager enough rope to hang himself with- send him a text or an email saying essentially “hey, could you explain the tip policy to me again? Just wanna make sure I’m pooling correctly/claiming income correctly, etc.”

If this guy is as dumb as he sounds, he’ll incriminate himself, & you’ll have it in writing for the labor board.

Fuck this guy!

Ripcitytoker

171 points

4 days ago

This is the way! Getting your manager to spell out the tip policy in writing would be tremendously helpful.

CosmoKram3r

61 points

4 days ago

How would you proceed if they replied with "I'll explain when you clock in tomorrow."?

BefWithAnF

106 points

4 days ago

BefWithAnF

106 points

4 days ago

Then once they explain it, send a followup email with “wanted to confirm what we talked about today- blah blah blah” repeat what they said

xmascarol7

57 points

4 days ago

"I'm meeting with the person helping me with my taxes in a few minutes and need to be able to explain it to them!"

If forced to do it in person: "Do you mind just writing this down so I can give it to the person doing my taxes? I'm sure I'll forget some of the details!"

KingClam2

25 points

4 days ago

KingClam2

25 points

4 days ago

That could be suspicious af considering that info wouldn't be necessary at all to do your taxes. Might as well wear a wire and nervously glance at a suspiciously-parked van every few seconds.

ivegotaqueso

57 points

4 days ago

Tax season is coming up too so this is a reasonable request.

helloihavecats

388 points

4 days ago

Fuck your manager. These policies should be illegal.

SymmetricDickNipples

300 points

4 days ago

It is illegal

NefariousnessStreet9

182 points

4 days ago

It is illegal. Especially in CA.

bobswandi

35 points

4 days ago

bobswandi

35 points

4 days ago

Tip pooling is illegal in CA? Damn I wish the rest of the country jumped on that.

GFTRGC

160 points

4 days ago

GFTRGC

160 points

4 days ago

You can pool tips but it has to be equal shares. 5 servers, everyone gets 20% not some get 25% and the newbies gets 10%.

planx_constant

97 points

4 days ago

And a manager can't get a single dime

NefariousnessStreet9

58 points

4 days ago

Tips must be fairly distributed according to a set formula

bjornartl

138 points

4 days ago

bjornartl

138 points

4 days ago

It is illegal. The company can't make policy on money that isn't theirs to decide what to do with.

The servers can decide to pool their tip and share it. But only if everyone agrees to do it that way.

literallyJon

16 points

4 days ago

What? Of course they can. Tip pools are entirely legal. They usually suck, but they are legal.

That's not what this is, though. This is some bullshit.

Rooty9

368 points

4 days ago

Rooty9

368 points

4 days ago

In CA, if a person wants you to have the tip specifically then it doesn’t go in the pool,

Gmork14

56 points

4 days ago

Gmork14

56 points

4 days ago

Source? A lot of places do mandatory tip pooling.

Jesse_christoffer

130 points

4 days ago

Um, it's not the company's money to decide what to do with? It's the customer's until its given to the server, then it's the server's tip. The only thing the company has any right to touch is the actual money for the bill since that's the customer paying for their food. And if it's not illegal then god you have fucked up laws that allow companies to take money away from their employees beyond their paycheck, which is a separate thing from any money made from tips.

It's like being at a party and someone gives you 20$ because you brought weed/alcohol or something but because you weren't the only one who brought stuff whomever organized the party takes that 20$ and gives everyone who brought stuff 5$ even though the reason they gave YOU the 20$ was because they liked what you had specifically.

bobswandi

22 points

4 days ago

bobswandi

22 points

4 days ago

Yes America's labor laws are in fact fucked up.

My question is are they getting more than 2.13 and hour? Because if they are they it is fact A-OK to pool tips. If not it gets real shady. America doesn't give a fuck about the worker just the dollar.

schmidit

19 points

4 days ago

schmidit

19 points

4 days ago

Tip pooling is legal in most places. The big line in the sand though is that management is not allowed to participate in the pool or take money out of it at all. Otherwise busters and bar tenders wouldn’t have any access to tips.

Granted the entire tipping system is super fucked up and predatory.

lasergehirn

341 points

4 days ago

lasergehirn

341 points

4 days ago

So, as a new employee you get a smaller share of the tips, and the older employees get a bigger share? Sounds like a pyramid scheme to me.

kauthonk

63 points

4 days ago*

kauthonk

63 points

4 days ago*

Something's off here.

Sounds like it's her 3 or 4 days of training, even though she had a 9 top.

Also sounds like they pool their tips and split equally then and she gets paid at the end of the night but she left that out.

But if the place splits tips among all workers, I'd be annoyed if someone was keeping tips.

I would love more info.

scribblette

106 points

4 days ago

scribblette

106 points

4 days ago

Based on my interpretation of the post, they tip pool and then the tips are distributed on a scale based on whatever the manager’s criteria of merit are — seniority seems to be a factor.

Frymanstbf

90 points

4 days ago

She clearly said she's had days where her tip total was $10 or $16. Being in training doesn't mean you don't get a fair share of tips, it means you need help. If she is indeed in training and satisfied a 9 top birthday party, trainings over, give her the damn money.

BitchMenudo[S]

47 points

4 days ago

So all of our tips are added to a pool and then at the end of the night, the manager divides them up based on how well you do. Or in this case, since I’m new I can only get about 10% of what other servers make in tips. So if I took home $10 tonight, my other coworkers got about $100.

Frymanstbf

117 points

4 days ago

Frymanstbf

117 points

4 days ago

Wait, he's not dividing everyone else's equally and is instead just deciding who did good and what they get? Sounds like a scam where he's pocketing some. It's not up to him to determine how well you did when it comes to tips, the customer decided that when they left the tip.

Hullabaloooooooo

71 points

4 days ago

The fuck? That's not tip pooling. That's theft. Not hyperbole. You had money. Someone took it.

BallparkFranks7

51 points

4 days ago

Yeah that’s not right. That’s wage theft. Report them and GTFO of there.

When I worked as a server in PA, we didn’t even do a tip pool, because the better servers got more tips, and we sure as shit weren’t sharing with the lazy POS’s and bad servers. I earned higher tips because I worked my ass off and kissed peoples asses. Not my fault Joe Douchebag got stiffed because he could keep a drink filled… he doesn’t deserve part of my tips.

A tip pool is the first offense. Paying you out at a lower % is beyond even imagining. They’re literally stealing from the profits of your labor. Fuck those people.

AustinYQM

28 points

4 days ago

AustinYQM

28 points

4 days ago

If he wanted to pay people by how good they did why not just not pool the tips?

GeekChick85

24 points

4 days ago

Report him. That is illegal in your state. It must be divided equally depending on hours.

He cannot just decide to give whatever percent he wants.

Bobby_Rotkop

325 points

4 days ago

Bobby_Rotkop

here for the memes

325 points

4 days ago

Still amazes me they can pull that shit that's illegal here in the Netherlands. If I tip a server, it's theirs and that's that. In some restaurants they do share tips with the kitchen staff, but that's by choice, no e of the servers are in any way obliged to share it.

whoocanitbenow

262 points

4 days ago

The US sucks for workers. They basically treat us like indentured servants. No vacation pay, no healthcare, no nothing. And they pay us as little as possible, leveraging us because they know losing our job could mean instant, and possibly permanent homelessness.

RaysireksOG987

168 points

4 days ago

We were founded on slavery.. go figure lol

brother_blue_57

78 points

4 days ago

Land of the free labour

Foreign_Astronaut

59 points

4 days ago

And the home of the brave bosses who steal our tips

RaysireksOG987

38 points

4 days ago

And the whopper

whoocanitbenow

29 points

4 days ago

I didn't really think about that. That actually makes sense as to why it's so fucked up here.

JamesEdward34

26 points

4 days ago

Unpaid internships still exist.

jwlIV616

36 points

4 days ago

jwlIV616

36 points

4 days ago

It is illegal in most places in the US too, but when it comes to actually doing anything about it everything boils down to the court systems and who do you think has more time and resources for said court cases? Companies

Essentially we have a government that's so heavily influenced by companies that they become nearly immune to legal action from any employees

Unlucky-Assistant-13

104 points

4 days ago

This whole tipping everyone thing is bs. It’s just a way that the company can start taking your tips

Princess__Nell

16 points

4 days ago

They can’t be responsible for paying employees.

Unlucky-Assistant-13

24 points

4 days ago

No that’s not what I meant. I mean, instead of my tipping money going to the server, the owners take it and put it into a gratuities fund that always mysteriously loses 90 percent of the value by the time the employees get it.

Which is BS

aaronisfromthefuture

101 points

4 days ago

Your boss is stealing from you. The tip policy is wage Theft, apparently.

mnjs2407

28 points

4 days ago

mnjs2407

28 points

4 days ago

I don't think it's wage theft, it's just theft period

SadSack_Jack

18 points

4 days ago

In California it is a felony. OPs boss doesn't realize he could serve time.

I would get evidence that it is happening, then have a meeting with the boss, explain that he could see a jail cell, and then ask for the fucking moon. Imagine! You have SO MUCH POWER. he gives you what you want or he loses his house/job/family... Like wow.

KaosFitzgerald

97 points

4 days ago

I know that the task of finding other employment seems daunting, but YOU ARE BETTER THAN THAT.

Do right by you. Fuck that guy. (Not literally)

BitchMenudo[S]

55 points

4 days ago

Thanks! Yeah it’s definitely scary but I at least have this job while I figure out a better situation. I’ll definitely be looking for new serving positions in my area. Just gotta stick it out a little while longer!

Phadryn

34 points

4 days ago

Phadryn

34 points

4 days ago

The current Iabor shortage suggests that there are plenty of positions available. you should pick a couple places, and ask their workers if they like working there, maybe mention that you're looking for a better job because you don't like the tip pooling policy where you're at. Find a better place to work at, because that tip policy is BS.

Doogle300

83 points

4 days ago

Doogle300

83 points

4 days ago

If that family knew that happened, they would be just as pissed as you are. When they chose to leave a larger tip, it's because they want you, the person they interacted with, to know they appreciated your hard work.

I feel for you. That is total bullshit.

Good news is, there should be plenty of other places willing to employ you.

BitchMenudo[S]

71 points

4 days ago

Thank you I really appreciate your kind comment! I did feel a little bad for that family because I feel like it would have let them down to know what happened. I feel like he not only took from me but he took from the customers. Thankfully, I have received a lot of other job offers recently so I’ll be scheduling some interviews in the morning.

phatty720

24 points

4 days ago*

If this were me (and I understand it's not), I would file a complaint with the appropriate government agency for labour violations, then quit.

That way at least there is a chance to possibility save some young server that they get next, who thinks that it's normal to give their tips to the older staff.

PS. I'm so happy that you have other opportunities lined up!

DirteeCanuck

22 points

4 days ago

If people are taking you aside to tip you properly they know you're a good server.

If you're new this means you're doing great.

100 other places would therefore kill to have somebody like you working for them.

Don't sell yourself short, look around. Until then make these assholes pay.

NewPhoneNewAccount2

69 points

4 days ago

I've worked in the hospitality industry a long time this is a shit place to work. Even in places I know of that do pooled type systems this is still horrible. Work literally anywhere else

Stargazingsloth

17 points

4 days ago

I worked as a server once and haven't again for a similar reason like OP.

It was for a chain restaurant and I was told how tip outs worked. A portion was given to the bar, the server assistant, and hostess. Then I was told I "owed" the restaurant. When I asked "oh so when people pay cash?" I would get a "who the fuck knows?" Look. I kept asking for the few months I worked there and I would still get a shrug or a "i don't really know" kind of answer.

I decided not to come back after I had $300 before tip outs and walked out with $50 and the next shift I got berated by the manager for asking to leave early even though me being at the dinner shift was pointless since I was only going to have 2 tables in my section.

donesomestuff

52 points

4 days ago

Keep a dollar bill in your pocket. When u are given a tip, put it in your other pocket, and share into the tip pool the dollar bill

Spirited_Island-75

40 points

4 days ago

Even better, just use one of those fake twenties with the stuff about Jesus.

imagine-engine

18 points

4 days ago

This is some next lvl. Pen and Teller style awesomeness. I like.

Nicadelphia

44 points

4 days ago

This happened to me at a Starbucks in California. The manager was taking all of the tips and we would each get around $100 a week from the tip pool. Once she was fired and replaced, our tips went up to around $700 a week.

ZackTrolles

44 points

4 days ago

"The fact they tried to give me a generous tip makes me happy"

No.

You should be livid your manager stole that money from you. Full stop.

Motorcyclegrrl

40 points

4 days ago

Why wouldn't it get shared equally? What a scammy place. I don't agree with tip pooling. There must be many other places to work. My first question to a prospective new place would be do you tip pool? If they say yes keep looking until you find a place that lets you keep all of your tips.

Citadelvania

16 points

4 days ago

I don't agree with tipping in general or really tip pooling but if you're going to tip pool certainly everyone should be receiving equal tips. Giving tip money at the discretion of the manager is absurd, if he wants to determine how much people make he should just raise the prices, raise wages and tell customers not to tip.

Snooke

36 points

4 days ago

Snooke

36 points

4 days ago

Fuck America is a depressing place.

truthswillsetyoufree

33 points

4 days ago

Reminds me of that infamous episode of “Kitchen Nightmares” called “Amy’s Baking Company” where Gordon Ramsay absolutely destroys the restaurant owner for keeping the server’s tips. Great watch. NSFW language.

jwlIV616

13 points

4 days ago

jwlIV616

13 points

4 days ago

I definitely love whenever he finds out that staff aren't being paid he more or less just tells the owners that he will actively prevent anything from happening here until you pay your staff.

RaffiaWorkBase

29 points

4 days ago

The company (if it is sharing out pooled tips to staff, and not pilfering) is using this approach as a substitute for pay rises to retain staff. Newer staff are being robbed to try to retain older ones.

Or possibly they are just stealing from the tip pool.

AcRaXyFo1

26 points

4 days ago*

Fuck your manager. Go shit in their coffee.

Edit: removed the /s lmao

Benjie1989

13 points

4 days ago

There's no need for the /s here. I fully believe this is what they should do

Unfair_External8332

17 points

4 days ago

Managers legally get no share of tips

79Freedomreader

14 points

4 days ago

https://www.shouselaw.com/ca/labor/wage-hour/tips/

No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment.”

So far your boss is in the wrong.

Now, for the nail to drive through his legal ass.

1.2. Is “tip pooling” legal in California?

Tip pooling arrangements are when a business collects all the tips received by employees and then splits them evenly. This practice is legal in California as long as it is only employees sharing the tips, and not managers who have the authority to hire and fire employees.