Ok so i ended up calling the DOL and the TWC and they all basically confirmed what y’all were saying. I was supposed to come in for work at 2 today but I called the owner and we had a convo abt it. I told her I tried to find the law she was talking about, couldn’t find it, called the DOL, and they said what she’s doing is illegal regardless if I get paid 10/hr and regardless if it’s a partial service restaurant.
Basically she said her accountant said she is in compliance, and then she sent me this picture. I’m like, “okay that says you have to pay me a minimum of 7.25/hr but it does not say you, the owner, are supposed to take all the card tips”. Because I did read up on the FLSA, and I even read out to her the part about managers and supervisors not taking tips.
She goes on to say how she “doesn’t even get paid”, she’s “not on the payroll”, the tips in card go “toward the business”. Also she asked what is it that I want? Do I want to be paid the 2.13?
I went on to say that’s not what I’m saying, just that I’ve worked other places with the same wage and got both my cash and card tips, the owners never took them and put them toward the business like she’s saying.
She says “yeah because they wanted to. they are corporations. we are a mom and pop shop”
I said how it’s deceptive and how the customers don’t know basically when theyre tipping on card they are tipping the owners.
She then goes on to say how SHES taking orders and we are all just serving the food and bussing, which is not correct. The other servers/baristas that’s have been their longer than I have their own codes to the register and take orders by themselves all the time, and they don’t take their card tips.
I was just kind of silent because I honestly didn’t know what to say. I’m not trying to argue. I went on to say how it’s deceptive to the customers and how I won’t be coming in anymore, that the whole situation makes me uncomfortable.
So eventually I’m gonna go pick up my money and a 1099. I’ll probably leave a review abt the place, file a complaint w the DOL or TWC if I can. I didn’t even work there a week so I don’t think there’s much of lost wages. Very frustrating.
It should’ve been a red flag when they hired me the day after I applied tbh. Also how many horror stories the owner had about “crazy employees” acting out.