Mildly Infuriating
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It's not as if they're paying their waitstaff normal minimum wage in most states; tipped employees can be paid less if the tips make up for it.
You're correct, and that's another beef I have with the whole industry.
It's actually more of the problem. They can pay wait staff 2.13 an hour, but they cannot make them pack up take out orders for that. So it literally does cost them more to do take out.
Yes they can.
I think the point is that if all the staff do is pack up take out orders, they legally cannot make them do it for $2.13/hour. The employer legally has to pay tipped employees minimum wage if tips do not cause them to reach minimum wage. More time on take out orders is less time earning tips.
More broadly, most wait staff aren't going stick around even if they're being paid minimum wage and getting no tips. They'll go elsewhere where they can earn better — presumably somewhere they can consistently earn tips.
If all the staff does is pack up takeout orders, they can legally be paid $2.13 an hour.
Wrong. https://www.dol.gov/agencies/whd/state/minimum-wage/tipped "Basic Combined Cash & Tip Minimum Wage Rate" means that if tips do not meet the federal minimum wage, the employer must make up the difference.
What part of that do you think applies to this discussion?
Do you think it's illegal to tip on a Togo order?
Not enforced doesn't mean legal. You said they legally can be paid that rate. They cannot legally be paid that. Full stop.
I do agree that "tipped minimum wage" shouldn't be a thing and they should just be tied to the standard minimum wage.
It's averaged out across a pay period, and in my twenty plus years in the service industry I've never heard of a server making less than minimum wage. They're generally the highest-paid employees on a per hour basis.
The group of people who benefit the most from tipping are the servers.
Stick to topics you actually know something about.