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Restaurant hostess makes less than minimum wage?

My daughter (16) had an interview at a local restaurant, for a hostess position, in upstate NY today. It was her first interview, so granted she was nervous. I of course was not present but I asked her how it went. She told me the interviewer, who was a co-owner told her that the pay was “based on a percentage of sales for the day and sometimes it may mean that a five hour shift would only be about $25 paycheck.” Also he can “only give out what he can and the pay is determined on how many customers there are that day.” I am unfamiliar with restaurant/hostess pay, however this feels highly illegal and what I am able to find on New York State labor websites still makes it seem as though she should at least be making the state minimum wage. He also did not mention if it…


My daughter (16) had an interview at a local restaurant, for a hostess position, in upstate NY today. It was her first interview, so granted she was nervous.

I of course was not present but I asked her how it went. She told me the interviewer, who was a co-owner told her that the pay was “based on a percentage of sales for the day and sometimes it may mean that a five hour shift would only be about $25 paycheck.”
Also he can “only give out what he can and the pay is determined on how many customers there are that day.” I am unfamiliar with restaurant/hostess pay, however this feels highly illegal and what I am able to find on New York State labor websites still makes it seem as though she should at least be making the state minimum wage. He also did not mention if it was an actual paycheck or if it was just cash. Is anyone familiar with this sort of “pay structure”?

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