Hawaii restaurant adds surcharge for non English speakers because they don't tip

[Tanasi]

Quick question: Do servers actually get the service charge? Or does the restaurant? It wouldn't surprise me if the server gets nothing.

That would be dependent upon the establishment. According to law(US Fed) the employer does not have to share the money with the server(s).
I have some customers that give the whole service fee to the server(s) as well as any tip that might be left. Others keep the service fee but distribute the tip and others that keep the whole thing. Only in the first case are the employee's paid less that minimum wage.

[blas87]

Pizza delivery drivers do not get paid the delivery charge, at least the Dice place doesn't.

[ExRetailDrone]

I was under the impression that if a server did not receive enough in tips to average out to essentially making minimum wage, then the establishment is required to compensate the server so that they are making an average of minimum wage. Granted, I have never looked up the laws and have never worked food service, so I'm just going by what I've heard. I may be mistaken.

Either way, I think it's reproachful that servers do not make a base of minimum wage. Relying on the 'kindness of others' for a person's living simply should not be legal. I think that I should write a letter. Probably won't do much good if few others do the same, but it couldn't hurt.

[Racket_Man]

Quick question: Do servers actually get the service charge? Or does the restaurant? It wouldn't surprise me if the server gets nothing.

if it is an auto-grat sitution the server, most of the time, gets the "service fee". and it also depends on the STATE the business is in. certain states REQUIRE the service fee go DIRECTLY to the server or delivery driver.

Pizza delivery drivers do not get paid the delivery charge, at least the Dice place doesn't.

most of the bigger chain pizza places do NOT give the deliver charge or any part there of directly to the driver. they "claim" they "share it" with the driver but accounting wise that is not true. the DC goes into the stores general sales/revenue account. what happens is the driver's per run compensation is expensed out seperately under a different (expense) account.

I was under the impression that if a server did not receive enough in tips to average out to essentially making minimum wage, then the establishment is required to compensate the server so that they are making an average of minimum wage. Granted, I have never looked up the laws and have never worked food service, so I'm just going by what I've heard. I may be mistaken.

Either way, I think it's reproachful that servers do not make a base of minimum wage. Relying on the 'kindness of others' for a person's living simply should not be legal. I think that I should write a letter. Probably won't do much good if few others do the same, but it couldn't hurt.

Here is what most places will do:

the business will look at a pay period of time say one week (Note not ONE day or shift) to calculate out if a server did make enough to cover the server minimum wage PPLUS tips => full minimum wage requirement. now what this means is a server can have one abysmal day/night/shift (stiffs left and right) BUT have 4 semi-good shifts. if at the end of the period the tips accumulated + server minimum wage DO average out to higher than minimum wage then no offseting wages are paid by the business.

To Mongo:

it is possible that the restaruant has just implemented the auto-grat system and this was the first time you encountered it? I say this because if it was not there mulitpule visits before, it may have just started.

If you decide to tip over and above the now included 18% auto-grat the servers STILL gets all of that money as in auto-grat + tip that is over and above.

It most likely has nothing specifically to do with you or your group as you are a known group who takes very good care of their server (referencing the "cat fights" to see who gets to serve your group), but you have to understand that other groups are not so generous and can be downright mega-Scrooges who try and skip out or skimp on the bill.

The usual reason for the the an auto-grat comes down to servers working their tails off for large group after large group with a large tabs/bills and getting very little or NOTHING.

please do not take the "sudden" auto-grat personally. it is not an insult to your group. put blame where is belongs: others who make such actions "necessary". again talk with the manager to see if the auto-grat can be waived for your group since you are obviously regulars

[Tanasi]

I was under the impression that if a server did not receive enough in tips to average out to essentially making minimum wage, then the establishment is required to compensate the server so that they are making an average of minimum wage. Granted, I have never looked up the laws and have never worked food service, so I'm just going by what I've heard. I may be mistaken.

Either way, I think it's reproachful that servers do not make a base of minimum wage. Relying on the 'kindness of others' for a person's living simply should not be legal. I think that I should write a letter. Probably won't do much good if few others do the same, but it couldn't hurt.

Your impression is true the employee must be paid a minimum of federal minimum wage. The difference is know as tip makeup.
In regards to traditional set-down joints there are two types of tips. Cash tips (cash money left on the table for the server) and charge tips (freely given tips by the customer added to the check and paid via a plastic card.) The employer is required by law to report all monies that pass through that business (order entry system.) A smart employer will used a certified and intregrated POS/ Payroll/Time collection system (Aloha for instance.) The employer has no idea what if any cash tips the employee received, all the employer has to do to comply with federal law is give the employee an opportunity to report cash tips (either via an electronic (at clock out) or manual (paper system).) All of this tips and time are calculated to arrive at a gross wage.
Now should the employee claim they are not receiving tips to make up for "tip makeup" then the employer should review the employee's past sales volumn. If the volumn is there but the tips aren't then either the employee is telling a lie, is a terrible server or both. If enough sales are logged so that 8% would makeup the difference then it's up to the employee to prove they are not getting the tips. Of course this can vary state to state, what I explained is the federal requirements. I have written two federally certified payroll systems that are POS and time gathering intergrated. I have working operating systems is several states. I've found NY, Michigan and Mississippi are the worst states in regards to payroll as they have odd ways of calculating taxes (both state and local.)

Reproachful or not I think it's an employee's duty to know exactly how their paycheck is calculated and sales volumns for their intended location. If there is something you don't understand then ask. I've provided all of my customers simple spreadsheets to explain this process to their employees and other than a few knuckleheads all understand.

[Rapscallion]

not gonna ever happen. the hue and cry from the restaurant industry will be devistation of the business, significantly higher costs, etc. AND they have a very powerful lobbying force. just look at the cry when the minimum wage was raised just 3 years ago ----- GLOOM AND DOOM, BUSINESSES WILL CLOSE, THE INDUSTRY WILL BE DEVISTATED, etc.

So, the cost of living for the serving staff hasn't gone up in that time either, then? Our minimum wage is increased every year. It's not a great wage, but if you're careful you can actually live off it. Not been there for a long while, and was illegally below it while working for my father (was going to take over the business). Wouldn't want to go back.

It always surprises me every time I go the US. It's embarrassing when eating out. The cost of the meal before tip etc for three is about the same as I'd pay for one person back home in a similar place. It's the main reason I've been known (on more than one occasion) to pay the main and suggest that everyone else sorts out the tip when there's a group of three or four.

What I really don't understand is, under such a system as that in the US, why there are often reports of serving staff who really don't care about doing their job.

Rapscallion

[Megg]

What I really don't understand is, under such a system as that in the US, why there are often reports of serving staff who really don't care about doing their job.

As an out of work server, I know why I sometimes had a ... bad day. Yeah, that's what I will call it.

When you make $2.13/hr, and you've gotten the shut off notice for your electricity, and you already are having a rough shift because the dumb bimbo who is sleeping with the manager always gets the best sections, and your last 3 tables left you a total of $4, it can sometimes wear on you. You really just can't be assed to care about whether that annoying bitch at table 14 wants her 30th diet coke, or 5th ramekin of ranch. Generally, I was good by my next shift (or after my smoke break), but some folks had days like this always. Those people need a new job.

[Rapscallion]

A fair point.

Rapscallion

[Crazedclerkthe2nd]

What I really don't understand is, under such a system as that in the US, why there are often reports of serving staff who really don't care about doing their job.

Rapscallion

Aside from the points made in the previous response to your question, another reason this happens is because it's been so ingrained in our culture that you should always tip at least 15% when you go out to eat that waitstaff just automatically expect to get at least that much in tips most of the time, regardless of the quality of the service provided.

I will admit I have tipped 15% at restaurants where the food wasn't great and the atmosphere sucked and the waitress was merely "ok" simply because I know how difficult her job is and how little she makes and how I'd feel if I were her.

Now if the waitress had a bitchy attitude or was never accessible or something along those lines, I would tip low or not at all.

[Racket_Man]

Aside from the points made in the previous response to your question, another reason this happens is because it's been so ingrained in our culture that you should always tip at least 15% when you go out to eat that waitstaff just automatically expect to get at least that much in tips most of the time, regardless of the quality of the service provided.

.

needless to say the IRS ALSO expects and assumes a server will earn a minimum of 15 - 18% (I think 18 is now the IRS standard) in tips reguardless if that server has to tip out to other persons such as the hostess, busser, bartender, etc.

If the IRS think the server is not earning that minimum it can go after both the server AND their employer

[smileyeagle1021]

Now if the waitress had a bitchy attitude or was never accessible or something along those lines, I would tip low or not at all.

I never leave no tip... no matter how bad the service is I'll leave a tip... even if it is a tip to the manager that (s)he needs to deal with the crappy service.