If you do the work you are owed a wage. Period. Whatever is offered in the contract is what’s owed. Government benefits exempt and fines owed to government paid out of owed wages is a way to fix it

This is 2024 Employers would pocket $5.8 billion of workers’ tips under Trump administration’s proposed ‘tip stealing’ rule Report • By Heidi Shierholz, David Cooper, Julia Wolfe, and Ben Zipperer • December 12, 2017 Download PDF Press release Updated December 14, 2017 On December 5, the Trump administration took its first major step toward allowing employers to legally pocket the tips earned by the workers they employ. The Department of Labor (DOL) released a proposed rule that would allow restaurants to take the tips that servers earn and share them with untipped employees such as cooks and dishwashers.1 But, crucially, the rule doesn’t actually require that employers distribute “pooled” tips to workers. Under the administration’s proposed rule, as long as tipped workers earn minimum wage, employers could legally pocket those tips. Evidence shows that even now, when employers are prohibited from pocketing tips, many still do. Research on workers in three large U.S. cities (Chicago, Los Angeles, and New York) finds that 12 percent of tipped workers had tips stolen by their employer or supervisor.2 Further, recent research shows that workers in restaurants and bars are much more likely to suffer minimum wage violations-meaning that they receive less than the applicable minimum wage-than workers in other industries. For tipped workers, some of these minimum wage violations occur when an employer confiscates tips.3 With that much illegal tip theft currently taking place, it’s clear that when employers can legally pocket the tips earned by their employees, many will. And although the bulk of tipped workers are in restaurants, tipped workers outside the restaurant industry-such as nail salon workers, casino dealers, barbers, and hairstylists-could also see their bosses start taking a cut from their tips. We estimate that under this rule, employers would pocket $5.8 billion in tips earned by tipped workers each year. This is 16.1 percent of the estimated $36.4 billion in tips earned by tipped workers annually. A detailed methodology describing how we arrived at that estimate is provided as an appendix, including a discussion of the uncertainty around the estimate. We believe employers will pocket between $523 million and $13.2 billion in workers’ tips annually, with $5.8 billion being our best estimate. DOL acknowledges that employers could legally pocket tips under their proposed rule, which rescinds portions of its long-standing tip regulations, including current restrictions4 on employers keeping tips. DOL states, “The proposed rule rescinds those portions of the 2011 regulations that restrict employer use of customer tips when the employer pays at least the full Federal minimum wage.”5 It is thus deeply unusual that DOL did not provide a quantitative estimate of the amount of tips that will be transferred from workers to employers under the proposed rule, given that they are required to do so by law. The requirements that agencies must follow as a part of the rulemaking process are very clear, and among them is the requirement that agencies must assess all quantifiable costs and benefits “to the fullest extent that these can be usefully estimated.”6 There is no question that DOL could have produced an estimate if they had wanted to; in this report, we have shown that it is possible to arrive at an estimate using the same data researchers routinely use in similar contexts and taking a methodological approach that is in precisely the same spirit of estimates the Department of Labor undertakes on a regular basis. One plausible explanation for why DOL left out the required estimate is that any good-faith estimate would have shown this rule will result in a substantial shift of tips from workers to employers. It appears that the Trump Department of Labor is willing to ignore legally required steps in the rulemaking process in an effort to hide the fact that they are proposing a rule that will put workers’ hard-earned tips into the pockets of employers.

What if you got fired for « theft» While you returned the équipement ?

I have a class of servers but nobody will pick it up.

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Is example #2 per shift, per week, or per pay period?

After they sue their employer then they need to be immediately deported.

If you are a salary employee can your employer cut your pay if you work less than 42 hours per week?

I am a waitress. I work in a restaurant and now they are starting to take 3 percent of my total sales. We don't have a food runner or hostess half of the time, on togo orders 90 percent of the people don't tip, so if a person spends 100 dollars on a togo order and does not tip we still have to pay 3 dollars. I only get pay 2.25 cents, where is hour money going?

W-2 Private investigators are required to write reports and upload video off the clock.

If you’re a tipped employee and over a period of time you don’t make 3 or 4 times the regular minimum wage you’re either not good at your job or you need to find a better place to work.

If you're an employee of a company that allows you to clock in up to 4 minutes early from your scheduled time can you legally clock out 4 minutes early from your scheduled clock out time without being harassed legally

Its against the law a employer can take money from a sever due to a mess up or out of there check..that's what you get when you hire and order taker not a server

I have been very curious about this. My employer has gotten after me, saying I am required to take a 30 minute break everyday. I intermittent fast, so I don’t eat, even if I take lunch. Am I required by law to take the 30 minute unpaid lunch break if it doesn’t interfere with workflow or safety?

If I punch in at 2:46 pm can I clock out at 10:46pm my shift ends 11pm

Truthfully, tips shouldn't have anything to do with your employer. Businesses act as if they invented the tip thing, when actually it was invented by customers. Some customer was impressed by the good service of the server and decided he or she will give them a tip. I don't think workers should have to share tips. I don't think employers should pay an employee sub minimum wage because of tips. I also disagree with companies including tips on your bill. Another wicked thing the upper class use their influence and power to cheat the lower class. Minimum wage should be a must.

If you're salary, and they make you put in your leave time (pto) to go to an appt would that be them protecting themselves bc they MAKE u do it yourself but they tell you you HAVE to

Does the employee get to recover attorney fees in mediation or does the employee end up paying those fees out of their recovered unpaid wages?

You should re-record this video. The information is decent, but your delivery leaves a lot to be desired. Too much redundancy.

No offense and no hate…but because it seems like all Texas unemployment lawyers are too busy chasing millionaires and then posting shorts when they don’t find em….just saying. But you know if a specialized lawyer was and collected pay straight from the court..the. My poor ass wouldn’t have found the reason to press charges against the Edward Serna and his band of stealing cronies from the Texas workers. Hey I can’t blame a man or lawyer or anybody for setting a million dollar standard. But poll: Which would you like see happen to Edward Serna. A)See Edward Serna lose a civil court case and reverses all decisions for his criminal misconduct and abuse of state office? B)See Edward Serna in a criminal court case and a jury of his peers(which honest there probably no peers in Texas that won’t convict him)convict Edward Serna and all his cartel workforce accomplices. Sentence him to prison in their new suit cuz for them it will be from the style “Orange is the new black” so cartel workforce commission can get them cheeks clapped. I’m not stopping with 311, I’m not stopping with APD…I’m not stopping with Austin prosecuting attorney. And the evidence is in the criminal matter in regards to “Conspiracy to commit theft in the amount of 3094.00(a felony in the state of Texas..Class A) If you like to see B. Then I have the indisputable proof. Well I’ gta save the workforce because Ed Serna…if left unchecked…will extort and steal from the entire workforce. I love my Texas business I appreciate my hard working Texans. And if Cartel Serna is left to do whatever he wants every employee and employer will be extorted and stolen from thanks to power that Abbott gave him. I’m going to take a stand cuz I love my state I love going out and seeing all the commerce I appreciate the hard working of the Texas man. And for the betterment of our Texas businesses, I have the case to make sure that Cartel Serna and twc looking poppin in their new orange jumpsuits. I have the indisputable proof that cartel Serna has committed “conspiracy to commit theft in the amount of 3094.00. CWC is gonna go to jail…and cheeks them cheeks clapped. Abbott can not save him in criminal court. I’m just having fun trolling until the Service request by Austin PD. Which may take a few times..then when my evidence is submitted to the prosecution…it’s gonna be a hung trial with the evidence..overwhelming. I can hardly wait to see the news in their new orange jumpsuits. With the gavel going thru the judges desk…cuz he going to prison and he better find a good proctologist if u know I mean. Cuz no one no matter great they think they are extorts money from the people of home and my state Texas. I don’t over react too much…but I’m anxious. I’m ready to see this convict that accidentally became a state official to prison. It’s all good lawyers. And while I ain’t a lawyer..I can execute bad strategies that even I dare say lawyers can’t. When it comes enjoy Ed Serna getting them cheeks clapped in prison.

I have not heard from my former employer about my unpaid wages and requests. Certified mail was sent via USPS and signed by the addressee. Email tracker would let me know the email was read/opened. If the employer were to respond and attempt to offer to pay me via Venmo instead of W2/direct deposit, who should I report this to?

I filed claim to TWC in August. I have not been contacted by an investigator at TWC. I have sent key points and updates with my case number. I contacted the appropriate Justice of the Peace precinct to ask about smalls claims court process and time. I was told that their building is under renovation, creating a backlog- It would be summer 2024 before I got a court date for unpaid salary wages. I reached out to U.S. Dept of Labor with online form describing my case. They called me within two hours interested to hear more and ask questions.

Hello there. I work on the construction industry. I was classified as 1099 independent contractor without any overtime benefits and get paid my straight hours, around 65 hrs weekly for the past 5 years. But also the guy that pays me gets pay as a 1099 subcontractor from the company owner that controls time and hiring of each employee. We get paid weekly by hour and the company owner also provides me a company truck and gasoline expenses that they both add on my weekly check. Company owner send me emails of projects that we are about to start working on, also sent meet emails to meet project managers to discuss business matters like measurements and finishing products. Basically he uses me as a foreman to watch some employees and report him every day an update of each job. I already asked them for a reclassification because I pay a lot of taxes every year and I would like to get paid with a w-2 form and they denied my petition. Should I contact a lawyer? The emails and texts messages I have will be enough evidence or I should continue working like this? I await for response whatever to whatever this may be. Greetings from Tennessee

i wish that the law makers would go in and clean up that hard to understand law and make it more clear. in the lines of the text of the law itself. if they know already alot of people have hard time understand then effort should be made to clean up the laws from the law makers perspective. whats ur thoughts? we shifting into age of information.

Hey i work Valet at a hotel in FL. Recently weve had a situation where our assistant manager has been getting in our tip pool. He is basically the night shift manager and rarely interacts with guests. Our actual manager only works the day shift. Is it legal for the night shift assistant manager to be in our tip pool?

Can you make a video on the fww method and conventional method?

"promo sm" 😍

What about if u voluntarily left a temp agency.

Does this apply in California?

They are illegal. They aren't entitled to crap. They shouldn't be in the country.

Undocumented workers really shouldn't have the same rights as someone working legitimately. They get their pay under the table and tax free while a real employee gets the opposite. The fact that they can even sue for such a thing is wild. That's such bold behavior, as if they deserve the same treatment as someone who did everything by the book. Ridiculous.

Can employer FORCE applicant to sign arbitration agreement it almost never benefits employee. They trying impune themselves legal liability as its only purpuse which violates a civil code. There is online applications that wont let u proceed until u sign the arbitration agreement. To me doesnt feel legal.

in trucking for the most part its not overtime its every other laws like fraud in the pay rate contract laws much more. discrimination is huge. there is systems in place certain trucking jobs pay alot others way underpay and this is used to discriminate. etc.

in trucking for the most part its not overtime its every other laws like fraud in the pay rate contract laws much more. discrimination is huge. there is systems in place certain trucking jobs pay alot others way underpay and this is used to discriminate. etc.

they do that shit all the time...

You're doing God's work keep it up lawyer!!!

Pure dicrimination against non nurses. We are humans too f*ckers!!! Wonder why theres a mental health crises, its B.S. like this

Good to know, though I've already had my hearing.

As last time I got only 3 table and I had to pay to the bartender who is my manager for 6$ tip for I think busboy who clean the table on the restaurant, my goodness that what the restaurant is paying for the salary or not 😏now I will take my paper end of the day and how much I get tip everyday , I tried of this situation that allow restaurants to pay for the waitress like this now

I got one customer when he upset the system of the restaurant in the food menu then he tip me 2$ my goodness what Idid for him , I am just a worker and I am sure I was a very good worker that I 😢am not the owner , sometime I almost to b as a slave and he came to complain me that I was aggressive whej I told please do not leave tip on the table without me as I cleaned all the table and he didn’t put tip on my hand , my goodness I hate this kind of the ppl because I can not mention on the table while I haves to pick new customers and he didn’t put tip for me when I already cleaned all the table so after now I never want to told any for tip to ppl any more that just have to b ok who tip or not tip 😒

I listen the KZbinr told that the thing can not do in USA is go out to the restaurant without tip but they doing it and not keep to tip minimum of % tip as well , I love to do this job but everyday I have to spend to not know who will tip and who will not tip as the restaurant that if take the order and if have too many waitress to take the table then we can not get a lot table then how the restaurant can pay minimum wage , it is so crazy for this situation that they let restaurant’s to pay the worker like this

Can this law of the government stop let restaurants to do this , cause not every customer to b polite to tip and keep minimum tip for the waitress and I am feel in polite to told them to do it 😡😤 as many option as if have many waitress to take the table then how to get a lot tip , I want to spent one hour that I can earn 20$ total with tip or 15$ at least but when too many waitress then how I can earn a lot tip when example one hour to two hour just I can get 1-2 table 😒 as example I work from 4-10 pm I get only 3 table so I spent the day for my tip gas money mostly now for half day working with many hour 😢as the restaurant told to tip for the bar as to give the busboy too 😖

if someone does a complaint. don't do it unless it is documented formally. undocumented complaint I did that week later I was terminated. but I had no proof of retaliation. it was something harmed my case. employee knew it wasn't yet documented and fired before I could document it.

my employer did that along with give the person pick their own work assignments. it was top seniority drivers son. nepotism in the work. he didn't need any exp and they have privilege to pick his work assignments but when I was new I had all the most emotional distressing routes or ones that did more financial harm. I also needed 2 years xp and do 48 states with good record to jump through way more tough hoops to get this job 2nd year into the company they put me at bottom of seniority. 3rd year I was restored go seniority but then certain previous standards didn't apply so I'd pick a route and not go there. it would mess seniority order through fraud in the daily contracts of when accept our routes. it ultimately let to me resigning I never been able to find equal work since then since this trucking company is part of an oligopoly that "cornered the market" once I resigned it's was boxed out of equally pay or good job. i have clean driving record. my performance was not an issue. I didn't give 2 week notice and used that to make me undesirable. bit in California labor code 2922 says u don't need give 2 week notice. I'm consider unlawful termination through constructive termination. FEHA law violation caused it. even prevent my rehire. it's where I want to but I expect fairness in the work place. I plan on using pretext and desperate impact and disparate treatment theories. the boss refuses to talk or admit any racial motives but through pretext is how my strat is gonna go. do u think I got a reasonable chance in this lawsuit? I failed to file internal grievance prior to me quitting I wasn't legally savvy at the time. I didn't know it was part of legal processes. element of coercion intimidation made me scared to file one against my own boss. maybe against coworker less fear. but my own boss doing it put enough fear in me to quit without file a grievance for my own safety.

Great info , so i am right to assume that while employes may not take tips they can pay under minimum wage or low pay and subsidise it with tips like the restaurants do

How about providing a decent lenght paid maternity leave for the moms to breasfeed their children safely at home?

Very well said. 👏

What is he eating? Looks really good

Chicken sandwich

Delicious