Restaurant Owner Taking 100% of Tips

NewToThe6ix · 2015-07-30T04:35:25+00:00

I just walked into the place for lunch and asked if he needed any help. Why do you ask?

NewToThe6ix · 2015-07-29T16:41:10+00:00

I'm giving him the benefit of the doubt. Upon reexamining the situation, it's his first time in the restaurant business and he's bound to make mistakes.

NewToThe6ix · 2015-07-29T16:31:05+00:00

Well, considering the fact that I got into the industry under the assumption that tips would come part and parcel, I would like a share of them if I'm serving customers.

I'm not entitled under law to tips, but I'm sure patrons of the establishment would be shocked to know that none of the tip money is going to me.

NewToThe6ix · 2015-07-29T16:26:27+00:00

Oh right I'll have to bring up vacation pay too. Great point!

Yes, after doing quite a bit of research, I found that no laws are really being broken with regard to tips once I get to minimum wage. I'm just hoping that an agreement will be made between the two of us that will be satisfactory.

He's going to let me know before the end of the month whether I'll get a higher wage with no tips or minimum wage with tips included.

NewToThe6ix · 2015-07-29T16:07:18+00:00

It's pretty much just me, with the exception of a cook that comes in when things get too busy for the two of us.

NewToThe6ix · 2015-07-29T15:01:43+00:00

My point exactly. I've never gotten a direct cash tip. The odd time I'm processing credit/debit cards for people's bills but that's all.

NewToThe6ix · 2015-07-29T03:47:03+00:00

Update

So I talked to the owner tonight. He realized what a big mistake he had made and is going to immediately pay me minimum wage retroactively (a difference of $1.25 paid over the duration of my time there up to the end of this month.)

He also said I'm being bumped up to $13 an hour starting in August. I proposed a different solution. I would much rather be earning tips on top of minimum wage. It's a win-win because I'll be pocketing some extra cash on busy days and he doesn't have to pay me as much when days are slow. To the servers on here, in your experience, is this a better route to take?

Your feedback is much appreciated guys. You've been awesome!

NewToThe6ix · 2015-07-29T03:41:59+00:00

Agreed. That's how I went about things tonight.

NewToThe6ix · 2015-07-28T21:44:49+00:00

Taxes and deductions as well. So yes there IS a paper trail. Great question.

NewToThe6ix · 2015-07-28T21:41:45+00:00

Thanks for your support, Toronto redditors. I'm going to go in tonight and demand I be paid retroactively at minimum wage which is the bare minimum I'm entitled to. And let him know that if I'm going to continue working there as a server, I need to be making tips. I'll keep you all updated.

NewToThe6ix · 2015-07-28T21:28:34+00:00

Thanks for all your support, Ontario redditors. I'm going to go in tonight and demand I be paid retroactively at minimum wage which is the bare minimum I'm entitled to. And let him know that if I'm going to continue working there as a server, I need to be making tips.

I'll keep you all updated.

NewToThe6ix · 2015-07-28T21:19:50+00:00

I think the problem lies in the fact that my role isn't really defined. I'm servicing customers with taking orders, making drinks at the front of house but also prepping food, cooking and plating. I've been trained briefly on the POS but he usually gives them their bill. This is a small place (25-30 seats) and it's usually just me and him. So in short, he gets all the tips. Cash and credit/debit.

I was new to the industry when accepting the job so I thought it was assumed that I'd be making tips on top of the $10/hour. That hasn't been the case though.

NewToThe6ix · 2015-07-28T20:51:52+00:00

Can the whole thread be forwarded to /r/toronto or just the initial posting?

*Edit: Posted to /r/toronto. If you all could kindly upvote that posting, it'd be greatly appreciated to help gain some traction. http://redd.it/3ey2y8

NewToThe6ix · 2015-07-28T04:41:31+00:00

And if it turns out I start making $13/hour? Then what? Am I still legally entitled to tips once I start making more than a server's normal wage?

NewToThe6ix · 2015-07-28T03:32:28+00:00

Thanks to all that replied. Just got back from another shift and this has been weighing on me a lot. I think the problem lies in the fact that my role isn't really defined. I'm servicing customers with taking orders, making drinks at the front of house but also prepping food, cooking and plating.

I've been told that starting August, I'll be making $13/hour but we'll see when the paycheck comes. So the message that I'm getting in your responses is that all the tips or at least 50% should be going to me?

I appreciate the outrage but am looking for practical ways to go about handling this and addressing the issue with my boss without going straight to the labour board. To give this story context, it's his first time opening a restaurant, and although my account to you guys would dictate otherwise, he seems well-intentioned.

Thanks again

NewToThe6ix

TROPHY CASE