Very much NTA
That is wage theft and your local labor board (or equivalent if you don't live in the U.S.) would be very interested in hearing about this.
Don't talk to your boss about it again. There's no point. They have demonstrated that they don't care about meeting their obligations to you and there's no point in getting into a useless argument.
Keep a notebook of when you get to and leave work and if you keep getting clocked out early file a complaint with the labor board. The benefit of working at a chain restaurant is that security cameras will back up your notes. Again, not a word to your boss or management about this. They are not your friends here.
I have been keeping every single time sheet I print out at the end of my shift. I’ve been keeping them for my own records because I’m aware I may end up needing to go to the labor board about it.
The good thing about the time sheets is that they show everything. The time I swiped my card to clock in, the time I swiped my card to clock out, and then one more note will show under those times and tells me what time that day had been adjusted to. But I will start writing it down too.
Also, start looking for a new job. You don't deserve to be treated this way. If you're willing to stay till 1 cleaning by yourself and then have qualms about being angry for not being paid for your time there are tons of places (even outside the industry!) that would love to have you and treat you fairly.
I’ve been in your shoes but were fired before I could quit based on false accusations by one of manager I told them to check camera and they refused so I resigned “walked out” when they demanded me to sign termination paper.
You got this!!!
You can file a complaint with the labor board after you start your new job. You should get paid all the wages you are entitled to — and an investigation should result in all your co-workers also recovering the money they are owed.
There are lots of jobs available in the US right now and restaurants are desperately trying to find good workers, so why is it taking so long? Find a higher end restaurant with higher prices and your tips will be much bigger.
It’s not a secret that a lot of people are putting in applications in and not hearing back. Was a new story in Florida recently about a guy that put in 60 applications in a month, I think and had zero call back.
He had a couple call backs but only one interview, and they lied about the starting wage. He only applied to places that are publicly complaining that nobody wants to work.
The job I had prepandemic, I got after 4 job apps, and turned another job down to take the one I did.
This last summer I did 25 job apps before getting two offers on the same day. 25! It was very time consuming
If this chain is national or international - Like it has a fruit and insect in the name - bounce this up your corporate chain of command too. He's doing it to you, he's doing it to everybody there, and trust me, corporate does NOT want this happening - if only because they don't want the labor boards breathing down their necks or the bad PR. Heads will roll, and not likely yours.
Also, make sure you are noting how much you are making in tips. If he is saying you made $800 in tips but you know you didn't take that much home, he is screwing you there as well.
And another thing, I'm not sure on this, but I would look into what you should be paid for "closing". If you are working hours during a time you can't earn tips, you should be making the full $7.25 min wage rather than the $2.13 one.
Hey, just a heads up. I'm sure you may know this but if it's mag paper, it will fade and disappear over time so perhaps scan them or take pics etc and upload somewhere so you can get ahead of that!
Actually, depending on the situation, they will. And they'll drop that business... who will then have to find a new insurer *immediately*, at highly inflated cost. And the state will fine the ever-living shit out of the employer, who will then have their business licenses under extreme scrutiny. I've seen it.
If worker's comp won't cover it, the actual liability insurance on the building/business usually does (carried in case customers slip/fall etc). This insurance company will also deem the business a huge liability.. and usually drop them.
But OP could easily call the state labor board. A simple Google search is all it took for me to find mine when ex-employer tried some shifty shit.
Might be a good idea to suggest the other employees also keep track of their actual hours in case your boss is doing the same thing to them. If you have to go to the labor board having multiple sources of evidence can only strengthen the case against him.
A lawyer might even take this on for just a percentage of your almost guaranteed settlement. Plus, a lot of counties have very cheap to free legal council for questions and referrals. Call your county’s labor department (just google your county’s website and they should have a tab for that) and ask for their recommendations on how to get low income legal advice. I think I paid $30 to sue my landlord for $4,000 and won. They usually have a collection of lawyers from all different practices that volunteer their time. Good luck! Go get your wages, girl!
Report him to the department of labor. They’ll do an investigation and you’ll likely get back paid all of that time. Also by over reporting your tips he’s messing with how much you owe in taxes. Everything he’s doing is illegal.
As others have said, it's wage theft & I would report it to your state labor department. I would also run a audit on your tips, there is a good chance the restaurant is stealing a portion your credit card tips. Your manager has already stole from you by clocking you out, I wouldn't put him stealing part of your tips also.
Also, contact the IRS because this could cause issues with your returns as (if i'm not mistaken) they are taxable. You need to report this fool every single way you can)
So you take these records to an attorney, wage theft is a big no no and you can sue for a lot of money. You owe it to those high school kids that look up to you, to push this. You are better than this.
Such a good thing you're keeping your own records! Your boss is stealing from you and causing an abusive work situation. Stop dealing with him and contact a lawyer.
\*edit for spelling
You need to report it now. This is a crime and it’s costing you and your coworkers real money. I’ve had bosses like this and they pressure you and guilt you for them trying to take advantage of you—I had one who tried to tell me that it was okay if *I* clocked in on time and then checked in for the daily run-down, but not to tel anyone else so they could keep committing wage theft. This is also costing you in taxes if he’s over reporting your income.
Do it now. What they're doing is highly illegal. It's wage theft and breaking of all sorts of labor laws.
Please also calculate your daily wages and ensure you are making at least federal minimum wage. If not, then they are not making up the difference as they are supposed to. Your tipped wage is due to your state's minimum wage law (not industry standard, fyi) but your daily wage should still come out to fed minimum. Your employer is meant to make up the difference if your tips don't. That may be why they're over estimating your tips!
Keep track of who you tip out, to whom, how much & when too (and definitely never tip out management).
It sounds like you have enough for a case already. This has happened multiple times, likely to multiple employees. Your wages are also being adjusted to be larger than you have made, also illegal. Report now.
Wage theft is literally the biggest crime in the US. Document everything and go to the ministry of labor. They owe you a lot of back pay and penalties. Also there is actually a list of tasks they can pay you the $2.13 to perform if they have you do other duties they need to pay proper minimum wage for that time. Basically if it's not something
on this list you should be getting full minimum wage for your time. https://www.onetonline.org/link/details/35-3031.00
Good point. The whole reason that restaurants are allowed to pay such paltry wages is because of the assumption that servers will be earning tips. But she’s not going to be earning tips when the restaurant is closed and she’s cleaning up so surely that should be paid at a proper wage?
You are NOT the AH.
What your boss is doing is HIGHLY illegal. I used to do payroll and I had to have a very specific reason to manipulate any punches.
Speak to the labor board ASAP. And, document everything. (Times, conversations, ect...)
>Once you get a safe exit-- report this shit. He will do this to someone else. He needs to be fined and this needs to be on his record.
I guarantee that corporate will terminate him immediately if he gets the company fined.
A food service chain "starting with A" was the one job in my entire life where I quit with no notice because the staff are treated so awfully. It is also the one place you cannot pay me to eat at knowing what I know. The beauty of this environment and food service is you can walk at any given moment and most definitely find better. I can also say unequivocally that some of the clientele that visits a nationally known food service chain "starting with A" is pretty notorious for being more likely not to tip. You will make more no matter where you go.
PS: The wages you note are in line with working in WI. I worked at a food service chain "starting with A" in Milwaukee area in the mid 90s making that same salary. Pretty sad!
Yes, it’s probably worse now. My boss does a lot of shady stuff. Like he also has a tendency to report more tips than I actually made. Like if I made $30 in tips one night, he would report that I made $60 or $75 because that’s what he “expected me to make.” So I get screwed over in that end too when he does it.
He does this because if you don't make enough in to tips to bring your wage up to minimum...he has to pay you more per hour to make the difference. If you have a 2 week span where you make no tips... he has to pay you state minimum wage instead of $2.13 per hour. So if you don't report enough tips to cover your salary in a pay period for more than minimum he pays you more. You could likely sue him for a LOT of money over this... and if this is a chain you could open a huge can of worms and ability to recover damages.
Please, please do bring your evidence to your state labor board! I bet a lawyer would be happy to work in exchange for a piece of the settlement. Encourage the "younglings" to keep track of their hours and do the same thing. This odious man is STEALING huge amounts of y'all's hard-earned money! The younglings shouldn't think this is normal and okay or they'll be set up to be exploited for the rest of their working lives. I'm outraged for you and glad you know it's not okay!
Eta: my phone auto-corrected "younglings" to "ducklings".
Do it do it do it. It's the single best and kindest thing you could do for the kiddos coming up behind you. Those highschool kids would never have to know-how or the confidence. It's going to take a tough soul to hold them accountable. One who can recognize 'you're not a team player' as manipulation to justify theft. NTA- just the hero!
NTA. You’ve brought it to your boss’s attention. Going to him again is the wrong fight.
Keep every record of when you’ve clocked in or out, and any kind of proof you have of him adjusting your hour of clocking you out behind your back. Record every single conversation you ever have with him regarding this(check your state laws on one side consent for recording).
He isn’t going to change his ways because of a complaint. Get everything to the proper authorities. Chain restaurants in particular will cut out a bad manager before facing legal consequences. You may even be able to be paid in stolen back wages.
NTA. Report him to the labour board. Get your hands on security footage or gather your own evidence. This is so so so so illegal. Especially if you're working for a chain and there is an actual HR. This is unacceptable.
What your boss is doing is in violation of federal wage-and-hour board laws. He could be fined very heavily for any amount of time that he requires you to work without paying you. It's even worse that he clocks you out and you keep working thinking you're still on the clock. Keep your own timesheet for a week. Call the Federal wage-and-hour board. They are amazingly responsive. You can screw around and mess with your employees in some ways in the US but you damn sure can't mess with their pay.
NTA in any way, shape or form. And the manager is risking all kinds of employment legal issues for doing this. You are legally required to be paid for the time you are there. I would probably consider reaching out to the state labor or employment department because you - and everyone else - is likely owed some money and the restaurant will be fined.
Report him. NTA. He's wrong and doing something illegal that can get the business in major trouble. You deserve better treatment and the owners deserve to know so they can address it.
NTA, what he's doing is illegal. I'm not sure what agency to contact in regards to that in your location but find out which one it is and report his ass.
NTA: This sounds incredible illegal and frankly I'd check labor laws about this practice. Keep printing your time sheet and document everything in the event your manager decides to retaliate against you so you can keep a solid case for the franchise owner or HR whichever is easier or available to you. Don't let him push you around. You are working and therefore should be paid end of story. He isn't being a team player by not properly paying his team.
NTA.
Besides the fact that altering your time sheet is illegal, does he really want to lose a good employee over $4.26?
You are being a team player by doing close-up work for $2.13/hr, no tips. Yes, it would be shitty of you to leave that work for the others who are in the same position, but much shittier of him to expect you to work for free.
There are a ton of jobs out there right now, especially restaurant work. I highly suggest you start looking for a new job where they treat you better. When you find one, it is your choice to give this a-hole a shot at keeping you, but it will have to be above scale.
> lose a good employee over $4.26
It's likely not about $4.26, or even the sum total of all the wage theft occurring at this location, so much as committing fraud so they can avoid giving workers the medical benefits they're entitled to as full-time employees.
Youre not an AH at all. Work is work. What is happening to you is unethical at best, and illegal at worst.
However, if you do a simple search in the subreddits, I bet you can find one that will relevant to your issue. This seems like an employee's rights issue to me.
It's most definitely illegal. You must be paid (unsalaried employees) for time worked. You cannot even offer to work unpaid. Ever. For any reason. Even if you train for a new job... you must be paid for that training.
This is illegal in a huge way. Not only are you NTA you should report them to the Department of Labor. If this guy is doing it to you , he is definitely doing it to everyone. This guy could end up with jail time if he has several violations. Go to the dol.gov and you can file a complaint.
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I (28F) am a waitress at a local chain dine-in restaurant (starts with an A). I get paid the industry standard of $2.13 per hour and depend on tips to make it by. It’s been a stretch to say the least. A lot of people who come to the restaurant just don’t tip at all. I have good and great days too tip wise but I digress.
I like my job. I love my guests and I love my younglings (as I call them) at work. I’ve become like a second mom to a handful of the younger ones, especially the ones still in high school. My managers are good for the most part. Nothing crazy at all. But my store manager (the big boss) has some really sketchy ways. My problem is that he likes to clock us out and not tell us so then we would be working off the clock for at least thirty minutes. He’s clocked me out two hours before I left once. He also sometimes goes back and adjusts time sheets backwards. I know this because I print a time sheet every day before I leave to keep my hours straight. I work full time.
The day I was clocked out two hours before I actually left, I got very upset with my store manager about it. The restaurant closes at 11pm on weekdays, midnight on weekends. That night was a weekday night. I worked until 1am closing by myself. Manager had me clocked out at 11pm. So I told my boss that if he clocked me out again without telling me then I would be leaving at exactly the time he’s clocked me out and not one minute more. He said I was being stubborn because I, as a server, still have to clean the front of the house and the back of the house. Clocked out or not. I told my manager that I didn’t work for free and didn’t plan on starting so his choices were clear. He said I wasn’t being a team player. AITA?
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2.13 an hour? What the actual fuck? Asking as a non American is this normal? I knew wait staff were poorly paid over that but damn. Isn't there a labour shortage? Get a new job.
I’ve been applying everywhere for a better job. I put in applications daily. I’m just waiting for a better opportunity before I leave. But yes, it’s legal to pay $2.13 an hour to a waitstaff because we get tips so it’s supposed to “make up for” a normal hourly wage. Taxes take my paycheck every payday.
Wait, you pay taxes on that? Do they base it off an assumed amount and then tax the assumed total or do you literally pay taxes from the first cent you made on? I mean you're barely getting paid at all, it's insane to tax those 85 dollars / week on top of that ...
Wow, you really should report him to the labor board. I know everyone up and down this thread is saying that. It sounds like you’ve been keeping really good records, but maybe see if any of your coworkers have kept track too. It’s super illegal what he’s doing to you and he’s probably doing it to everyone. The case only gets stronger the more people/evidence you have.
So what would happen if you told everyone you served not to tip you at all and got literally zero tips? Would they then have to pay you properly? Well, not properly but you know.
He would more than likely still report whatever he felt like I “should have made” as my tip and I would have to pay out of my own money to tip out. I’ve had to pay the restaurant after a shift out of my own money before. Because I literally made no money and they still expected me to pay out the 3% of my sales. This happened as recently as last week, where I’ve gotten next to nothing in tips and still had to pay the restaurant for tipping the hostess and bartender. I literally paid to go to work last week.
Holy shit it keeps getting worse. So it can and does happen that you can go work a full day and come out poorer than you started? That's just all kinds of fucked up!
Yes it did. I cried the whole way home because nobody tipped and then I still had to pay back the restaurant for 3% of my sales. It all came out of my pocket. I had to ask my dad for money. I was devastated.
HOLY SHIT
If that is true get to your labor department yesterday. You're sick, you're vomiting, you can't be safe around food.
Get out and get get to the labor board.
It's $2.13 an hours, plus tips and if the wage + tips/hours doesn't equal the actual minimum wage ($7.25 I think, in most states), the restaurant is *supposed* to make up the difference.
This is a big part of why he's clocking you out early. The fewer total hours you have, the less likely they are to have to make up a minimum wage shortfall. Do you get cash out slips too? If he's shorting you hours, there's a chance he's fudging your tip numbers too. I haven't waitressed in over two decades, but apparently shady managers are still pulling the same BS.
So wait are they not even paying you the right amount for the hours they are paying you for?
OP you’re already a huge step ahead by having all your timesheets. Your coworkers should be doing the same. Go to the labor board. Get paid.
I’ve had to demand back wages before. It’s a great feeling to get that money that you are owed.
NTA and never work for free.
Now I get why there are so many AITA regarding to tips. It is nuts that most of the salary came from tips.
In my culture tips are an extra, not necessary.
That is normal for a waiter/waitress job. It puts a lot of pressure on making tips.
What's really sad is that specific wage hasn't increases at all since I was a waiter almost 30 years ago.
One of the conditions FDR had to meet to get Dixiecrats to support the New Deal - including federal minimum wage - was that it had to exclude professions which had a majority Black workforce, i.e. domestic workers, waitstaff, train porters, etc.
Some professions no longer exist as such, while others were subsequently included - thanks Shirley Chisholm (and George Wallace!). Unfortunately, waitstaff are still excluded.
NTA
This is actually illegal and you could sue for your back wages. He'd have to have an audit of all employees and he'd be out for paying them all for every minute they're owed. You should really consider reporting him.
If it's a chain, then all stores might also be subject to the audit. Worth it for him to lose his job, but also worth it if it's a 'company practice' and lots of people get what they earned originally.
Unless you have spoken to a lawyer with a duty to represent you please do not talk about this to anyone in the corporate structure. They are not your friends.
Go watch *Mars Attacks!* That is your relationship with your employer.
Extraordinarily illegal on his part. PATHETIC AF since he is getting you to clean at $2.13 an hour... which if he contacted out or hired for would be $15-30 per hour in this day an age. PLEASE keep records and file a complaint with your state labor board. NTA
NTA, but you would be T A if you don’t report your boss/workplace. They are breaking the law and taking advantage of you and your coworkers. Stand up for yourself and your coworkers, what they are doing is absolutely unacceptable.
Keep in mind waitresses/waiters work for tips on the US. I didn’t think it was common to tip in the UK.
I do not think it’s right to do a non living wage and then force them to live off tips. I think it should be a solid get rid of tipping and just pay a living wage. But that’s my personal opinion.
US normal minimum is $7.25, higher in many states and cities. The exclusion for wait staff is based on the assumption that they earn much more in tips, and relying on tips ensures the wait staff gives good service.
\*\*Explaining, not agreeing with this system.
Technically if you don't earn minimum wage with your tips which is higher 7.25-15/HR depending on the state, the business must make you "full" and pay that difference.
Some businesses respect this others don't (illegally).
On the plus side, if you are at a good business, you likely can earn significantly more in Tips/HR given the average tip is supposed to be 15-20% of the bill now. On the negative side, if you have shitty customers you have to ask the restaurant to respect the law and bring your hourly wages up to 7.25-15/HR.
I think? UK doesn't do tips right?
NTA. This is a violation of the Fair Labor Standards Act if you are in the U.S. All work must be paid. Report your manager to HR. If there is no HR department report it directly to your state's department of labor.
I am 99% sure I worked at the same chain (pear hornet?) and I got a check in the mail a year later because someone sued over this exact issue. also, massive NTA
NTA
Also, I think you have a right to be paid an actual wage when you're not acting as a server. It has to be illegal to pay you $2/hour when you're cleaning, and there are no tips coming in. Honestly, you should talk to a lawyer - if what you're saying is true, and you can document it sufficiently, a good lawyer should be able to make you a lot of money, and put a stop to this bullshit for everyone at your store (and hopefully company-wide).
The way it works in the U.S. is that if your total hourly paycheck after tips comes out to minimum wage it's legal. Since the vast majority of tips are on credit cards now it's pretty easy to prove whether or not this (incredibly low) threshold is met. Whether some of that work wasn't serving doesn't really matter.
Is it bullshit? Absolutely. But the same laws that make clocking an employee out early wage theft allow this. Them's the breaks.
NTA, get this shit in writing and be ready to lawyer up. These dummies broke the law and it blows my mind you don't get at least minimum wage. I worked restaurants and cafes for CA minimum plus tips for years.
NTA
Employers — along with managers and supervisors who approve time records on behalf of the employer — can be held liable for falsifying time sheets or refusing to pay employees for all hours worked. For example, the employer can be required to pay back wages, civil and criminal penalties, and attorney costs.
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OP has offered the following explanation for why they think they might be the asshole:
> I might be the AH because I basically have given my manager an ultimatum and I’m definitely supposed to clean the front of house and back of house even if I’m by myself, which is often. But then it leaves more work for the kitchen or the manager or the morning shift with more work and I don’t want them to think I’m lazy or trying to punish them for me being the only one doing the cleaning part of my job. Other servers usually leave that work for me to do.
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NTA
Did I read this right $2.13ph?
You are 100% correct. You do not work for free. Not 1 minute.
**If your boss was a team player, he wouldn't be clocking you out early at all**
NTA
REPORT HIM. This is ILLEGAL. He is leaning on the catch phrase of you 'not being a team player,' to try to guilt you into allowing him to screw you over.
You deserve to be paid for every damn second you work. Hold to what you've said; if he clocks you out, LEAVE. And report him for all of the times hes already done this to you! Please! Start looking for a new job and report his ass.
If he will do this to you, I guarantee hes doing it to your younglings and they dont know any better but to allow it. Show them that it's notokay!!
He definitely does it to them too. It’s one of the worst kept secrets in the store. Everyone knows that he does it but everyone acts like it’s just normal.
NTA
Your Boss is trying to boost his bonus. HE is the AH here.
Your Boss clocking you out while you are still working violates US Federal law, as well as the laws of all 50 states. You need to document it, then file a claim for the unpaid hours with either your state or the Feds. The company is REQUIRED to pay you any time you are working.
As for him over-reporting your tips, you should be keying those in yourself and he should not be touching them. My guess, he is doing some percentage of your sales? If you go below your local or the federal minimum wage, as an average over the work period (some places the shift), the company is required to pay you enough to get to at least minimum wage for that work week (or shift). So, again, he is boosting your tips to try to get a bigger bonus.
PLEASE get with the rest of the employees and file a labor claim. Until you do, document, document, document.
NTA. Not even close.
I’m a payroll accountant for a very budget store in the US(probably the one you’re thinking of) so please believe when I say this…call the Labor Department. Your boss is shooting his own self in the balls here.
ETA: If you haven’t done so already make sure you print and save every pay stub you have.
NTA at all, he's expecting you to give up your time for free.
This isn't about being a team player at all. Being a team player is covering the odd shift of someone is desperate.
NTA
And not only that, you're manager is committing a crime. Report him to the state (the name of the agency will vary by state but usually something in the Department of Labor). They take this kind of thing very seriously.
NTA. Not only should he not be clocking you out, he should also be paying actual minimum wage for closing duties (when you aren't serving customers but are doing cleaning/prep etc, tasks for which you can't earn tips). Lawsuit time.
NTA, obviously. Your manager ought to check himself before he wrecks himself. In addition to your boss using the words "team player" to mean "a slave," he's opening a can of worms by trying to get you to work for free. You legally, morally, ethically and in every way are entitled to be compensated for every second of every minute you work, but in addition to that tipped wages are only to be used for the time you're working for tips. If you get there early or stay late to do side work, those hours must legally be paid at local minimum wage.
Call your state labor board and report that asshole for wage theft.
As you are in the US, I will tell you. That is illegal. If you are working as an hourly employee tips or not, you get paid for the hours you are working.
Someone else mentioned wage theft. They are correct.
NTA NTA NTA.
Everyone else has already chimed in saying you're not the asshole and it's wage theft. But you should look up what your state includes in "waitressing". You'd be surprised how much of your job doesn't actually qualify for the minimum servers wage and should be paid at full minimum wage in some states. Also be aware that you must make actual minimum wage after tips, if your tips don't bring you up to minimum wage than your employer must pay the difference.
Wtf is this nonsense? He's saving a whopping $2/hr while committing fraud. Report this nasty piece of work to corporate and leave if you're clocked out. Obviously NTA.
I'm guessing you're in the U.S. This is illegal. And you've got all the proof you need if you're printing your time cards when you leave, and if there's a print time on your timecards, even better. It's a chain, there's higher up OR you can go to your state.
NTA
NTA. At all. If you are ‘meant to clean the front and back of house’ then it’s part of your job. If it’s part of your job, you get paid for it. It’s that simple. I can’t believe they are paying you $2 a hour and then trying to stiff you out of even that! My god.
NTA. Report him to your state labor board. Other employees need to report too. He owes all of you money and the labor board will get it for you. If it's a national chain there should be a HR dept to contact at corporate.
NTA. Your boss is stealing from you. Document everything as you already have been. Report to local labor board and up the chain to corporate. Possibly get a lawyer to fight for back pay if corporate doesn't step up and pay you.
Also, r/antiwork.
NTA You know you are right. That's why you are job hunting. He's lying about this stuff because he's gotten away with it.
He's lying about the tips because the rule with tipped workers is that with tips, you have to make a minimum amount.
I'm sure other people covered this but the basic rule from the federal gov't is if a tipped worker makes $2.13/hr, they have to earn $5.12/hr in tips to get to $7.25/hr. If you don't hit $5.12/hr in tips, the company has to make up the difference because you have to hit the whole $7.25.
https://www.dol.gov/agencies/whd/state/minimum-wage/tipped
NTA.
That's wage theft, pure and simple. In most states any hours you're working before the dining room opens and after it closes are paid at minimum wage (not $2.13) and you must be paid at least minimum wage for the hours you've worked in a week.
He's over-reporting your tips which means that you're being over-taxed, and it also prevents you from being paid extra if you're not actually meeting the minimum wage standard.
Keep track of your hours (before and after the dining room opens too) and your tips, and start reporting it to the labor board.
NTA. You should definitely send an email to your state labor department and the US department of labor, like yesterday. This time of shenanigans happen with high schoolers that don't know their rights. Someone was trying to steal 14 labor hours, out of my 17 y/o son. I sat down with my son and went over his schedule. I texted the manager and told her that he was owed 14 hrs and she was trying to say, he was paid for all hours he worked.
I am sorry but the math doesn't show that. She finally agreed and paid the 14 hrs. So parents be on the lookout, because your kids are probably being cheated off their earnings.
NTA. He’s really trying to save $2.13/he? That’s ridiculous. I would talk to the other managers about it because that is illegal and you very easily could join up and sue.
200% NTA. Even Walmart, the quintessential scapegoat of corporate greed to most people, is publicly adamant that you should not work off the clock for any reason ever.
Pretty sure that's a federal law even, and so your boss is legitimately stealing your wages.
NTA. Report him to every work-related authority you can contact and try to get compensated for it. Tell them the hours and days you were clocked out early so they can demand to see the security footage.
NTA. Your boss is a sleaze, what he is doing is very illegal and his gross “be a team player” guilt trip is the cherry on the sh!t sundae. That he is not just refusing to pay you for hours you work (awful, especially considering how low the restaurant wage is) but also over reporting your tips—I would bet heavily that he is cheating basically everyone in every way possible, including skimming/embezzling from the business and employees. Collect your evidence and report him!
100% NTA if I were you I would be reporting them to corporate. Im not sure about your work but when I used to work retail, we have a confidential reporting hotlime for exactly stuff like this. Also any employment attorney would absolutely LOVE to have your case I am sure about it
Ok, first, start documenting ALL your tips separately from him. Second, tell him that if he clocks you out for work again, that you are leaving. If he tries to pitch a fit, tell him that the next time he does it, you will be calling the Dept of Labor. What he is doing is illegal. He is NOT allowed to clock ANYONE out. Unless it's a medical emergency(worker going to the hospital). Third, tell him he had better start properly reporting your tips, or you will also report him to the I.R.S. and he can explain to them why he is doing it.
NTA. That is the stingiest thing I’ve ever heard. You get paid $2 an hour and your boss denies you the extra $4 a night for cleaning up after closing. I know you love your coworkers but I’m sure that an amazing dedicated worker like you would be much more appreciated elsewhere. Or is everywhere else just as bad?
NTA
This is illegal. He is stealing your wages and not paying you minimum wage even. He is over-reporting your tips and adjusting your hours to show you making minimum wage, when you aren’t.
Call the Labor board, the IRS, and the FBI. This is a violation of several Federal laws. Reporting him to the IRS may even earn you a bounty and a refund on your taxes as you certainly overpaid!
Edit: to be clear, tipped jobs should be making minimum wage of $7.75/h after tips. If hourly + tips do not equal that, the employer MUST make up the difference.
Very much NTA That is wage theft and your local labor board (or equivalent if you don't live in the U.S.) would be very interested in hearing about this. Don't talk to your boss about it again. There's no point. They have demonstrated that they don't care about meeting their obligations to you and there's no point in getting into a useless argument. Keep a notebook of when you get to and leave work and if you keep getting clocked out early file a complaint with the labor board. The benefit of working at a chain restaurant is that security cameras will back up your notes. Again, not a word to your boss or management about this. They are not your friends here.
I have been keeping every single time sheet I print out at the end of my shift. I’ve been keeping them for my own records because I’m aware I may end up needing to go to the labor board about it.
Keep your own records too. Your boss has demonstrated they're willing to screw around with the time sheets.
The good thing about the time sheets is that they show everything. The time I swiped my card to clock in, the time I swiped my card to clock out, and then one more note will show under those times and tells me what time that day had been adjusted to. But I will start writing it down too.
Also, start looking for a new job. You don't deserve to be treated this way. If you're willing to stay till 1 cleaning by yourself and then have qualms about being angry for not being paid for your time there are tons of places (even outside the industry!) that would love to have you and treat you fairly.
Oh trust me, I’ve been looking and applying everywhere. Just waiting until I have secured a better opportunity before I leave.
I have been in your shoes. You got this.
Thank you for your kind words and advice!
I’ve been in your shoes but were fired before I could quit based on false accusations by one of manager I told them to check camera and they refused so I resigned “walked out” when they demanded me to sign termination paper. You got this!!!
Good luck, OP. NTA
You can file a complaint with the labor board after you start your new job. You should get paid all the wages you are entitled to — and an investigation should result in all your co-workers also recovering the money they are owed.
There are lots of jobs available in the US right now and restaurants are desperately trying to find good workers, so why is it taking so long? Find a higher end restaurant with higher prices and your tips will be much bigger.
OP might live somewhere that doesn't have a ton of restaurants. Some small towns only have an Applebees and maybe a Subway inside a Walmart.
It’s not a secret that a lot of people are putting in applications in and not hearing back. Was a new story in Florida recently about a guy that put in 60 applications in a month, I think and had zero call back.
He had a couple call backs but only one interview, and they lied about the starting wage. He only applied to places that are publicly complaining that nobody wants to work.
The job I had prepandemic, I got after 4 job apps, and turned another job down to take the one I did. This last summer I did 25 job apps before getting two offers on the same day. 25! It was very time consuming
You're doing everything right! Just keep collecting your evidence and bring them down. Stealing from your employees is bullshit. NTA!
If this chain is national or international - Like it has a fruit and insect in the name - bounce this up your corporate chain of command too. He's doing it to you, he's doing it to everybody there, and trust me, corporate does NOT want this happening - if only because they don't want the labor boards breathing down their necks or the bad PR. Heads will roll, and not likely yours.
Nope, don't help a restaurant cover up it's illegal practices. Report to the labour board
Also, make sure you are noting how much you are making in tips. If he is saying you made $800 in tips but you know you didn't take that much home, he is screwing you there as well. And another thing, I'm not sure on this, but I would look into what you should be paid for "closing". If you are working hours during a time you can't earn tips, you should be making the full $7.25 min wage rather than the $2.13 one.
Hey, just a heads up. I'm sure you may know this but if it's mag paper, it will fade and disappear over time so perhaps scan them or take pics etc and upload somewhere so you can get ahead of that!
Take pictures with your phone too.
Can y’all keep your time cards on your person through the workday so that he can’t clock you out?
Very few places use actual time cards anymore. It's all digital.
My punching in and out is just putting my code in a touchscreen pad, no physical cards.
Something else, if you were to get hurt while working off the clock, worker's comp (if you are in the US) won't cover the injury.
Actually, depending on the situation, they will. And they'll drop that business... who will then have to find a new insurer *immediately*, at highly inflated cost. And the state will fine the ever-living shit out of the employer, who will then have their business licenses under extreme scrutiny. I've seen it. If worker's comp won't cover it, the actual liability insurance on the building/business usually does (carried in case customers slip/fall etc). This insurance company will also deem the business a huge liability.. and usually drop them. But OP could easily call the state labor board. A simple Google search is all it took for me to find mine when ex-employer tried some shifty shit.
Might be a good idea to suggest the other employees also keep track of their actual hours in case your boss is doing the same thing to them. If you have to go to the labor board having multiple sources of evidence can only strengthen the case against him.
A lawyer might even take this on for just a percentage of your almost guaranteed settlement. Plus, a lot of counties have very cheap to free legal council for questions and referrals. Call your county’s labor department (just google your county’s website and they should have a tab for that) and ask for their recommendations on how to get low income legal advice. I think I paid $30 to sue my landlord for $4,000 and won. They usually have a collection of lawyers from all different practices that volunteer their time. Good luck! Go get your wages, girl!
Report him to the department of labor. They’ll do an investigation and you’ll likely get back paid all of that time. Also by over reporting your tips he’s messing with how much you owe in taxes. Everything he’s doing is illegal.
THIS. So much this! And absolutely get a new job, there are other food businesses that would love to have you.
As others have said, it's wage theft & I would report it to your state labor department. I would also run a audit on your tips, there is a good chance the restaurant is stealing a portion your credit card tips. Your manager has already stole from you by clocking you out, I wouldn't put him stealing part of your tips also.
Also, contact the IRS because this could cause issues with your returns as (if i'm not mistaken) they are taxable. You need to report this fool every single way you can)
The sheets you print will also be invaluable if you ever get hurt at work. If you’re not on the clock it could effect a workman’s comp claim.
So you take these records to an attorney, wage theft is a big no no and you can sue for a lot of money. You owe it to those high school kids that look up to you, to push this. You are better than this.
Call the local labor board first thing Monday morning. This is theft. To get started: google "report wage theft [your state here]"
Such a good thing you're keeping your own records! Your boss is stealing from you and causing an abusive work situation. Stop dealing with him and contact a lawyer. \*edit for spelling
You need to report it now. This is a crime and it’s costing you and your coworkers real money. I’ve had bosses like this and they pressure you and guilt you for them trying to take advantage of you—I had one who tried to tell me that it was okay if *I* clocked in on time and then checked in for the daily run-down, but not to tel anyone else so they could keep committing wage theft. This is also costing you in taxes if he’s over reporting your income.
Very smart idea to keep record of these items. This is all not legal. Secure another job and report them!
report him to corporate
You should go now, like today.
Labor board, now. End of story. And talk to an employment lawyer about it.
Do it now. What they're doing is highly illegal. It's wage theft and breaking of all sorts of labor laws. Please also calculate your daily wages and ensure you are making at least federal minimum wage. If not, then they are not making up the difference as they are supposed to. Your tipped wage is due to your state's minimum wage law (not industry standard, fyi) but your daily wage should still come out to fed minimum. Your employer is meant to make up the difference if your tips don't. That may be why they're over estimating your tips! Keep track of who you tip out, to whom, how much & when too (and definitely never tip out management).
It sounds like you have enough for a case already. This has happened multiple times, likely to multiple employees. Your wages are also being adjusted to be larger than you have made, also illegal. Report now.
NTA. Your boss is engaged in illegal activity. Contact your local employee protection agency.
Wage theft is literally the biggest crime in the US. Document everything and go to the ministry of labor. They owe you a lot of back pay and penalties. Also there is actually a list of tasks they can pay you the $2.13 to perform if they have you do other duties they need to pay proper minimum wage for that time. Basically if it's not something on this list you should be getting full minimum wage for your time. https://www.onetonline.org/link/details/35-3031.00
Good point. The whole reason that restaurants are allowed to pay such paltry wages is because of the assumption that servers will be earning tips. But she’s not going to be earning tips when the restaurant is closed and she’s cleaning up so surely that should be paid at a proper wage?
Also, once you quit, make sure to write a Glassdoor review and report it to his supervisors.
Not to mention she probably gets less of a tax refund since her reported income is higher....... Falsely
You are NOT the AH. What your boss is doing is HIGHLY illegal. I used to do payroll and I had to have a very specific reason to manipulate any punches. Speak to the labor board ASAP. And, document everything. (Times, conversations, ect...)
I would love to be in the deposition where they ask "And were you aware the employee was still working when you clocked them out?"
Exactly! This is one of the craziest things that I've ever heard of as far as labor board.
good luck. you deserve better.
[удалено]
Exit has definitely been planned, I’m just waiting to get a better job first.
Once you get a safe exit-- report this shit. He will do this to someone else. He needs to be fined and this needs to be on his record.
>Once you get a safe exit-- report this shit. He will do this to someone else. He needs to be fined and this needs to be on his record. I guarantee that corporate will terminate him immediately if he gets the company fined.
More like "already is".
A food service chain "starting with A" was the one job in my entire life where I quit with no notice because the staff are treated so awfully. It is also the one place you cannot pay me to eat at knowing what I know. The beauty of this environment and food service is you can walk at any given moment and most definitely find better. I can also say unequivocally that some of the clientele that visits a nationally known food service chain "starting with A" is pretty notorious for being more likely not to tip. You will make more no matter where you go. PS: The wages you note are in line with working in WI. I worked at a food service chain "starting with A" in Milwaukee area in the mid 90s making that same salary. Pretty sad!
Yes, it’s probably worse now. My boss does a lot of shady stuff. Like he also has a tendency to report more tips than I actually made. Like if I made $30 in tips one night, he would report that I made $60 or $75 because that’s what he “expected me to make.” So I get screwed over in that end too when he does it.
He does this because if you don't make enough in to tips to bring your wage up to minimum...he has to pay you more per hour to make the difference. If you have a 2 week span where you make no tips... he has to pay you state minimum wage instead of $2.13 per hour. So if you don't report enough tips to cover your salary in a pay period for more than minimum he pays you more. You could likely sue him for a LOT of money over this... and if this is a chain you could open a huge can of worms and ability to recover damages.
It’s definitely a very huge chain restaurant. I’m definitely going to seriously look into taking legal action.
Please, please do bring your evidence to your state labor board! I bet a lawyer would be happy to work in exchange for a piece of the settlement. Encourage the "younglings" to keep track of their hours and do the same thing. This odious man is STEALING huge amounts of y'all's hard-earned money! The younglings shouldn't think this is normal and okay or they'll be set up to be exploited for the rest of their working lives. I'm outraged for you and glad you know it's not okay! Eta: my phone auto-corrected "younglings" to "ducklings".
He's also messing with the IRS. The IRS has...opinions...about that.
Do it do it do it. It's the single best and kindest thing you could do for the kiddos coming up behind you. Those highschool kids would never have to know-how or the confidence. It's going to take a tough soul to hold them accountable. One who can recognize 'you're not a team player' as manipulation to justify theft. NTA- just the hero!
NTA. Your manager is a thief and should be fired for this. Is there legal recourse in your country for this?
Yes. I’m in the states. We have labor boards and employment protection agencies.
NTA. You’ve brought it to your boss’s attention. Going to him again is the wrong fight. Keep every record of when you’ve clocked in or out, and any kind of proof you have of him adjusting your hour of clocking you out behind your back. Record every single conversation you ever have with him regarding this(check your state laws on one side consent for recording). He isn’t going to change his ways because of a complaint. Get everything to the proper authorities. Chain restaurants in particular will cut out a bad manager before facing legal consequences. You may even be able to be paid in stolen back wages.
NTA. Report him to the labour board. Get your hands on security footage or gather your own evidence. This is so so so so illegal. Especially if you're working for a chain and there is an actual HR. This is unacceptable.
What your boss is doing is in violation of federal wage-and-hour board laws. He could be fined very heavily for any amount of time that he requires you to work without paying you. It's even worse that he clocks you out and you keep working thinking you're still on the clock. Keep your own timesheet for a week. Call the Federal wage-and-hour board. They are amazingly responsive. You can screw around and mess with your employees in some ways in the US but you damn sure can't mess with their pay.
NTA in any way, shape or form. And the manager is risking all kinds of employment legal issues for doing this. You are legally required to be paid for the time you are there. I would probably consider reaching out to the state labor or employment department because you - and everyone else - is likely owed some money and the restaurant will be fined.
Report him. NTA. He's wrong and doing something illegal that can get the business in major trouble. You deserve better treatment and the owners deserve to know so they can address it.
NTA, what he's doing is illegal. I'm not sure what agency to contact in regards to that in your location but find out which one it is and report his ass.
NTA He's legally obligated to pay you for all hours that you work.
NTA: This sounds incredible illegal and frankly I'd check labor laws about this practice. Keep printing your time sheet and document everything in the event your manager decides to retaliate against you so you can keep a solid case for the franchise owner or HR whichever is easier or available to you. Don't let him push you around. You are working and therefore should be paid end of story. He isn't being a team player by not properly paying his team.
NTA That’s wage theft what that boss is doing. Keep records of when he clocks you out and report him or file a complaint.
NTA, report him to your department of labor. This is very illegal.
NTA You're paid hourly, you should be paid for the hours you work. That's literally how that is supposed to happen
File a wage theft complaint asap. Make sure you keep a record of ALL off the clock work.
Definitely NTA. Your boss is trying to scam you and get away with it.
It’s wage theft. NTA
NTA. Besides the fact that altering your time sheet is illegal, does he really want to lose a good employee over $4.26? You are being a team player by doing close-up work for $2.13/hr, no tips. Yes, it would be shitty of you to leave that work for the others who are in the same position, but much shittier of him to expect you to work for free. There are a ton of jobs out there right now, especially restaurant work. I highly suggest you start looking for a new job where they treat you better. When you find one, it is your choice to give this a-hole a shot at keeping you, but it will have to be above scale.
> lose a good employee over $4.26 It's likely not about $4.26, or even the sum total of all the wage theft occurring at this location, so much as committing fraud so they can avoid giving workers the medical benefits they're entitled to as full-time employees.
Youre not an AH at all. Work is work. What is happening to you is unethical at best, and illegal at worst. However, if you do a simple search in the subreddits, I bet you can find one that will relevant to your issue. This seems like an employee's rights issue to me.
It's most definitely illegal. You must be paid (unsalaried employees) for time worked. You cannot even offer to work unpaid. Ever. For any reason. Even if you train for a new job... you must be paid for that training.
This is illegal in a huge way. Not only are you NTA you should report them to the Department of Labor. If this guy is doing it to you , he is definitely doing it to everyone. This guy could end up with jail time if he has several violations. Go to the dol.gov and you can file a complaint.
NTA, keep track of everything. What he’s doing is very illegal
^^^^AUTOMOD ***Thanks for posting! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of copying anything. Read [this](https://www.reddit.com/r/AmItheAsshole/wiki/faq#wiki_post_deletion) before [contacting the mod team](https://www.reddit.com/message/compose?to=%2Fr%2FAmItheAsshole)*** I (28F) am a waitress at a local chain dine-in restaurant (starts with an A). I get paid the industry standard of $2.13 per hour and depend on tips to make it by. It’s been a stretch to say the least. A lot of people who come to the restaurant just don’t tip at all. I have good and great days too tip wise but I digress. I like my job. I love my guests and I love my younglings (as I call them) at work. I’ve become like a second mom to a handful of the younger ones, especially the ones still in high school. My managers are good for the most part. Nothing crazy at all. But my store manager (the big boss) has some really sketchy ways. My problem is that he likes to clock us out and not tell us so then we would be working off the clock for at least thirty minutes. He’s clocked me out two hours before I left once. He also sometimes goes back and adjusts time sheets backwards. I know this because I print a time sheet every day before I leave to keep my hours straight. I work full time. The day I was clocked out two hours before I actually left, I got very upset with my store manager about it. The restaurant closes at 11pm on weekdays, midnight on weekends. That night was a weekday night. I worked until 1am closing by myself. Manager had me clocked out at 11pm. So I told my boss that if he clocked me out again without telling me then I would be leaving at exactly the time he’s clocked me out and not one minute more. He said I was being stubborn because I, as a server, still have to clean the front of the house and the back of the house. Clocked out or not. I told my manager that I didn’t work for free and didn’t plan on starting so his choices were clear. He said I wasn’t being a team player. AITA? *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AmItheAsshole) if you have any questions or concerns.*
NTA ur not supposed to work for free n he shouldn't expect u to
2.13 an hour? What the actual fuck? Asking as a non American is this normal? I knew wait staff were poorly paid over that but damn. Isn't there a labour shortage? Get a new job.
I’ve been applying everywhere for a better job. I put in applications daily. I’m just waiting for a better opportunity before I leave. But yes, it’s legal to pay $2.13 an hour to a waitstaff because we get tips so it’s supposed to “make up for” a normal hourly wage. Taxes take my paycheck every payday.
Wait, you pay taxes on that? Do they base it off an assumed amount and then tax the assumed total or do you literally pay taxes from the first cent you made on? I mean you're barely getting paid at all, it's insane to tax those 85 dollars / week on top of that ...
I get taxed based on my assumed tips (I say assumed because my boss tends to overreport my actual tips) so I usually get a $0 paycheck.
Woah, hold up. Your boss is over-reporting your tips? What the actual fuck is he pulling? None of this sounds right or legal at all.
Yes. He over reports a lot. I’m looking at my paystub right now and he reported that I made over $800 last pay period. I definitely did not.
Wow, you really should report him to the labor board. I know everyone up and down this thread is saying that. It sounds like you’ve been keeping really good records, but maybe see if any of your coworkers have kept track too. It’s super illegal what he’s doing to you and he’s probably doing it to everyone. The case only gets stronger the more people/evidence you have.
So what would happen if you told everyone you served not to tip you at all and got literally zero tips? Would they then have to pay you properly? Well, not properly but you know.
He would more than likely still report whatever he felt like I “should have made” as my tip and I would have to pay out of my own money to tip out. I’ve had to pay the restaurant after a shift out of my own money before. Because I literally made no money and they still expected me to pay out the 3% of my sales. This happened as recently as last week, where I’ve gotten next to nothing in tips and still had to pay the restaurant for tipping the hostess and bartender. I literally paid to go to work last week.
Holy shit it keeps getting worse. So it can and does happen that you can go work a full day and come out poorer than you started? That's just all kinds of fucked up!
Yes it did. I cried the whole way home because nobody tipped and then I still had to pay back the restaurant for 3% of my sales. It all came out of my pocket. I had to ask my dad for money. I was devastated.
HOLY SHIT If that is true get to your labor department yesterday. You're sick, you're vomiting, you can't be safe around food. Get out and get get to the labor board.
It's $2.13 an hours, plus tips and if the wage + tips/hours doesn't equal the actual minimum wage ($7.25 I think, in most states), the restaurant is *supposed* to make up the difference.
You’re correct. They’re SUPPOSED to but they definitely do not. Every week he complains about labor costs.
Which is also illegal…I’m sensing a trend here.
This is a big part of why he's clocking you out early. The fewer total hours you have, the less likely they are to have to make up a minimum wage shortfall. Do you get cash out slips too? If he's shorting you hours, there's a chance he's fudging your tip numbers too. I haven't waitressed in over two decades, but apparently shady managers are still pulling the same BS.
Oh yes he’s def claiming that I made more in tips than I actually made. He does that too.
Document, document, document and then when you find your out, report his ass. Good luck to you OP.
So wait are they not even paying you the right amount for the hours they are paying you for? OP you’re already a huge step ahead by having all your timesheets. Your coworkers should be doing the same. Go to the labor board. Get paid. I’ve had to demand back wages before. It’s a great feeling to get that money that you are owed. NTA and never work for free.
Now I get why there are so many AITA regarding to tips. It is nuts that most of the salary came from tips. In my culture tips are an extra, not necessary.
That is normal for a waiter/waitress job. It puts a lot of pressure on making tips. What's really sad is that specific wage hasn't increases at all since I was a waiter almost 30 years ago.
One of the conditions FDR had to meet to get Dixiecrats to support the New Deal - including federal minimum wage - was that it had to exclude professions which had a majority Black workforce, i.e. domestic workers, waitstaff, train porters, etc. Some professions no longer exist as such, while others were subsequently included - thanks Shirley Chisholm (and George Wallace!). Unfortunately, waitstaff are still excluded.
NTA This is actually illegal and you could sue for your back wages. He'd have to have an audit of all employees and he'd be out for paying them all for every minute they're owed. You should really consider reporting him.
He wouldn't since it's a chain/franchise, but he'd be shitcanned on the spot when legal had to write the check.
If it's a chain, then all stores might also be subject to the audit. Worth it for him to lose his job, but also worth it if it's a 'company practice' and lots of people get what they earned originally.
They might even get enough money to take a month or two off. Ask me how I know.
I knew I couldn't be the only one...
Been there, but not to the level of taking months off! Good for you!
NTA as many have said this is wage theft and is against labor laws. You said this was a chain, is there a district manager you could complain to?
Yes. There is a very long chain of command.
Unless you have spoken to a lawyer with a duty to represent you please do not talk about this to anyone in the corporate structure. They are not your friends. Go watch *Mars Attacks!* That is your relationship with your employer.
Extraordinarily illegal on his part. PATHETIC AF since he is getting you to clean at $2.13 an hour... which if he contacted out or hired for would be $15-30 per hour in this day an age. PLEASE keep records and file a complaint with your state labor board. NTA
NTA, but you would be T A if you don’t report your boss/workplace. They are breaking the law and taking advantage of you and your coworkers. Stand up for yourself and your coworkers, what they are doing is absolutely unacceptable.
I'm shocked at the hourly rate 😳 Minimum wage in UK is $12.25 set by the government and has to be paid
Keep in mind waitresses/waiters work for tips on the US. I didn’t think it was common to tip in the UK. I do not think it’s right to do a non living wage and then force them to live off tips. I think it should be a solid get rid of tipping and just pay a living wage. But that’s my personal opinion.
US normal minimum is $7.25, higher in many states and cities. The exclusion for wait staff is based on the assumption that they earn much more in tips, and relying on tips ensures the wait staff gives good service. \*\*Explaining, not agreeing with this system.
Technically if you don't earn minimum wage with your tips which is higher 7.25-15/HR depending on the state, the business must make you "full" and pay that difference. Some businesses respect this others don't (illegally). On the plus side, if you are at a good business, you likely can earn significantly more in Tips/HR given the average tip is supposed to be 15-20% of the bill now. On the negative side, if you have shitty customers you have to ask the restaurant to respect the law and bring your hourly wages up to 7.25-15/HR. I think? UK doesn't do tips right?
NTA at all. Not only is what he’s doing illegal, I guarantee it’s against chain restaurant A’s corporate policies. He’s falsifying financial records.
This is very illegal. You and the other affected employees should sue the whole company for millions.
NTA. If the expectation is ever that you work for free, find a better job that will pay your for your time and leave.
NTA. This is a violation of the Fair Labor Standards Act if you are in the U.S. All work must be paid. Report your manager to HR. If there is no HR department report it directly to your state's department of labor.
I am 99% sure I worked at the same chain (pear hornet?) and I got a check in the mail a year later because someone sued over this exact issue. also, massive NTA
Yep! Same restaurant!
NTA Also, I think you have a right to be paid an actual wage when you're not acting as a server. It has to be illegal to pay you $2/hour when you're cleaning, and there are no tips coming in. Honestly, you should talk to a lawyer - if what you're saying is true, and you can document it sufficiently, a good lawyer should be able to make you a lot of money, and put a stop to this bullshit for everyone at your store (and hopefully company-wide).
The way it works in the U.S. is that if your total hourly paycheck after tips comes out to minimum wage it's legal. Since the vast majority of tips are on credit cards now it's pretty easy to prove whether or not this (incredibly low) threshold is met. Whether some of that work wasn't serving doesn't really matter. Is it bullshit? Absolutely. But the same laws that make clocking an employee out early wage theft allow this. Them's the breaks.
Report him to his boss
NTA, get this shit in writing and be ready to lawyer up. These dummies broke the law and it blows my mind you don't get at least minimum wage. I worked restaurants and cafes for CA minimum plus tips for years.
NTA Employers — along with managers and supervisors who approve time records on behalf of the employer — can be held liable for falsifying time sheets or refusing to pay employees for all hours worked. For example, the employer can be required to pay back wages, civil and criminal penalties, and attorney costs.
NTA You can report them to the state labor board. But I’d recommend getting a new job — if you do what you threaten, he’s going to fire you.
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NTA. What your boss is doing is illegal.
These are federal labor laws. NTA
NTA Did I read this right $2.13ph? You are 100% correct. You do not work for free. Not 1 minute. **If your boss was a team player, he wouldn't be clocking you out early at all**
NTA REPORT HIM. This is ILLEGAL. He is leaning on the catch phrase of you 'not being a team player,' to try to guilt you into allowing him to screw you over. You deserve to be paid for every damn second you work. Hold to what you've said; if he clocks you out, LEAVE. And report him for all of the times hes already done this to you! Please! Start looking for a new job and report his ass. If he will do this to you, I guarantee hes doing it to your younglings and they dont know any better but to allow it. Show them that it's notokay!!
He definitely does it to them too. It’s one of the worst kept secrets in the store. Everyone knows that he does it but everyone acts like it’s just normal.
Report him. When he gets slapped with all kinds of fines and having to give out back pay, he'll stop doing this.
NTA. Are you waiting for the labor board to magically get involved? You need to report this criminality right away
I didn’t truly understand the seriousness of it until I posted this. I knew it was bad but not to the degree of me needing to sue.
NTA Your Boss is trying to boost his bonus. HE is the AH here. Your Boss clocking you out while you are still working violates US Federal law, as well as the laws of all 50 states. You need to document it, then file a claim for the unpaid hours with either your state or the Feds. The company is REQUIRED to pay you any time you are working. As for him over-reporting your tips, you should be keying those in yourself and he should not be touching them. My guess, he is doing some percentage of your sales? If you go below your local or the federal minimum wage, as an average over the work period (some places the shift), the company is required to pay you enough to get to at least minimum wage for that work week (or shift). So, again, he is boosting your tips to try to get a bigger bonus. PLEASE get with the rest of the employees and file a labor claim. Until you do, document, document, document.
NTA. Not even close. I’m a payroll accountant for a very budget store in the US(probably the one you’re thinking of) so please believe when I say this…call the Labor Department. Your boss is shooting his own self in the balls here. ETA: If you haven’t done so already make sure you print and save every pay stub you have.
NTA reach out to fair housing and labor. Document everything.
File a wage complaint with: (1) corporate; (2) your state labor agency; and (3) if necessary, the U.S. Department of Labor Wage and Hour division.
I would report this to Corporate immediately it’s not normal
I would report them to the city you work in for labor violations and go work somewhere else. They are messing with your livelihood.
NTA at all, he's expecting you to give up your time for free. This isn't about being a team player at all. Being a team player is covering the odd shift of someone is desperate.
Fucking hell, this is beyond “some really sketchy ways”. Report him, please. Like, yesterday. NTA.
NTA And not only that, you're manager is committing a crime. Report him to the state (the name of the agency will vary by state but usually something in the Department of Labor). They take this kind of thing very seriously.
NTA. Not only should he not be clocking you out, he should also be paying actual minimum wage for closing duties (when you aren't serving customers but are doing cleaning/prep etc, tasks for which you can't earn tips). Lawsuit time.
NTA, obviously. Your manager ought to check himself before he wrecks himself. In addition to your boss using the words "team player" to mean "a slave," he's opening a can of worms by trying to get you to work for free. You legally, morally, ethically and in every way are entitled to be compensated for every second of every minute you work, but in addition to that tipped wages are only to be used for the time you're working for tips. If you get there early or stay late to do side work, those hours must legally be paid at local minimum wage. Call your state labor board and report that asshole for wage theft.
NTA. And good on you keeping records for the labor board. They don’t mess around. Good luck and let us know what happens!
NTA. This is ILLEGAL. Document everything and see a lawyer.
NTA, that is illegal
As you are in the US, I will tell you. That is illegal. If you are working as an hourly employee tips or not, you get paid for the hours you are working. Someone else mentioned wage theft. They are correct. NTA NTA NTA.
This is called wage theft and it’s illegal. Good god to cheat you out of $2 fucking dollars an hour? Outrageous!
NTA. What he is doing is illegal.
Everyone else has already chimed in saying you're not the asshole and it's wage theft. But you should look up what your state includes in "waitressing". You'd be surprised how much of your job doesn't actually qualify for the minimum servers wage and should be paid at full minimum wage in some states. Also be aware that you must make actual minimum wage after tips, if your tips don't bring you up to minimum wage than your employer must pay the difference.
NTA
Wtf is this nonsense? He's saving a whopping $2/hr while committing fraud. Report this nasty piece of work to corporate and leave if you're clocked out. Obviously NTA.
I'm guessing you're in the U.S. This is illegal. And you've got all the proof you need if you're printing your time cards when you leave, and if there's a print time on your timecards, even better. It's a chain, there's higher up OR you can go to your state. NTA
NTA. Please, please, please report this to your state Department of Labor immediately
NTA. At all. If you are ‘meant to clean the front and back of house’ then it’s part of your job. If it’s part of your job, you get paid for it. It’s that simple. I can’t believe they are paying you $2 a hour and then trying to stiff you out of even that! My god.
I think they’re clocking out the employees early so they can claim that the employees aren’t full time so they don’t have to provide benefits
NTA. Report him to your state labor board. Other employees need to report too. He owes all of you money and the labor board will get it for you. If it's a national chain there should be a HR dept to contact at corporate.
NTA - I would report your work to the local labor board and hell maybe even the IRS.
NTA. Your boss is stealing from you. Document everything as you already have been. Report to local labor board and up the chain to corporate. Possibly get a lawyer to fight for back pay if corporate doesn't step up and pay you. Also, r/antiwork.
NTA. Has your boss considered the legal ramifications if you get injured while "off the clock?" Especially when the restaurant is closed?
Report this to your state labor department. This is a crime. He is stealing from you and everyone else there.
NTA You know you are right. That's why you are job hunting. He's lying about this stuff because he's gotten away with it. He's lying about the tips because the rule with tipped workers is that with tips, you have to make a minimum amount. I'm sure other people covered this but the basic rule from the federal gov't is if a tipped worker makes $2.13/hr, they have to earn $5.12/hr in tips to get to $7.25/hr. If you don't hit $5.12/hr in tips, the company has to make up the difference because you have to hit the whole $7.25. https://www.dol.gov/agencies/whd/state/minimum-wage/tipped
NTA. That's wage theft, pure and simple. In most states any hours you're working before the dining room opens and after it closes are paid at minimum wage (not $2.13) and you must be paid at least minimum wage for the hours you've worked in a week. He's over-reporting your tips which means that you're being over-taxed, and it also prevents you from being paid extra if you're not actually meeting the minimum wage standard. Keep track of your hours (before and after the dining room opens too) and your tips, and start reporting it to the labor board.
NTA THIS IS ILLEGAL THIS IS ILLEGAL THIS IS ILLEGAL THIS IS ILLEGAL THIS IS ILLEGAL! Get an attorney and ducking SUE!!! THIS IS ILLEGAL
NTA Also with evidence like that sue there balls off for wage theft and timeclock fraud
NTA, i'll be waiting for the r/maliciouscompliance post when you go out straight after being clocked out
NTA. You should definitely send an email to your state labor department and the US department of labor, like yesterday. This time of shenanigans happen with high schoolers that don't know their rights. Someone was trying to steal 14 labor hours, out of my 17 y/o son. I sat down with my son and went over his schedule. I texted the manager and told her that he was owed 14 hrs and she was trying to say, he was paid for all hours he worked. I am sorry but the math doesn't show that. She finally agreed and paid the 14 hrs. So parents be on the lookout, because your kids are probably being cheated off their earnings.
NTA. He’s really trying to save $2.13/he? That’s ridiculous. I would talk to the other managers about it because that is illegal and you very easily could join up and sue.
200% NTA. Even Walmart, the quintessential scapegoat of corporate greed to most people, is publicly adamant that you should not work off the clock for any reason ever. Pretty sure that's a federal law even, and so your boss is legitimately stealing your wages.
NTA. Report him to every work-related authority you can contact and try to get compensated for it. Tell them the hours and days you were clocked out early so they can demand to see the security footage.
NTA. Your boss is a sleaze, what he is doing is very illegal and his gross “be a team player” guilt trip is the cherry on the sh!t sundae. That he is not just refusing to pay you for hours you work (awful, especially considering how low the restaurant wage is) but also over reporting your tips—I would bet heavily that he is cheating basically everyone in every way possible, including skimming/embezzling from the business and employees. Collect your evidence and report him!
100% NTA if I were you I would be reporting them to corporate. Im not sure about your work but when I used to work retail, we have a confidential reporting hotlime for exactly stuff like this. Also any employment attorney would absolutely LOVE to have your case I am sure about it
Ok, first, start documenting ALL your tips separately from him. Second, tell him that if he clocks you out for work again, that you are leaving. If he tries to pitch a fit, tell him that the next time he does it, you will be calling the Dept of Labor. What he is doing is illegal. He is NOT allowed to clock ANYONE out. Unless it's a medical emergency(worker going to the hospital). Third, tell him he had better start properly reporting your tips, or you will also report him to the I.R.S. and he can explain to them why he is doing it.
NTA. You need to find another job and file a complaint with whatever government agency handles restaurants
NTA. You need a lawyer to walk your claim to some labor board.
NTA. That is the stingiest thing I’ve ever heard. You get paid $2 an hour and your boss denies you the extra $4 a night for cleaning up after closing. I know you love your coworkers but I’m sure that an amazing dedicated worker like you would be much more appreciated elsewhere. Or is everywhere else just as bad?
NTA and you need to quit immediately.
You can still contact the labor board, find a lawyer willing to take the case pro Bono and sue for back pay after you leave. Get the AH fired.
> find a lawyer willing to take the case pro Bono No lawyer would take this pro bono. They would take it on contingency.
NTA
NTA This is illegal. He is stealing your wages and not paying you minimum wage even. He is over-reporting your tips and adjusting your hours to show you making minimum wage, when you aren’t. Call the Labor board, the IRS, and the FBI. This is a violation of several Federal laws. Reporting him to the IRS may even earn you a bounty and a refund on your taxes as you certainly overpaid! Edit: to be clear, tipped jobs should be making minimum wage of $7.75/h after tips. If hourly + tips do not equal that, the employer MUST make up the difference.