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So my son started a new job about 3 weeks ago or so at a restaurant. The manager of the kitchen told him he'd be making about $8-$8.50 an hour. He's basically kitchen help (dishwasher, etc.) and helps with deliveries when needed. He got his first pay check today and he was paid $5.50 per hour. When he asked about it the reply was, "You are down as a delivery driver so you get $5.50 plus your tips for deliveries." I'm really ticked off and feel bad for my son. He worked almost 40 hours over two weeks and brought home about $165.00. My problem is this; over those two weeks he worked probably 9 days or so. Out of those 9 days he worked a lot of deliveries one day and on two other days he only did one delivery each day, so the other 6 days he was in the kitchen all day, did no deliveries and still only got paid $5.50 per hour. My son says that this one guy is the main delivery guy so when he works, he gets all the deliveries. Can they do that? Can they label him as a delivery driver and pay him less than the minimum wage even when he's not delivering and working in the kitchen all day??? It really bothers me that he worked all those days doing no deliveries yet he still only got paid $5.50.
No, he has to make 7.25 or whatever the minimum wage is. Report that prick.
Coming from someone in the restaurant industry, your son can only make les than mw if he is eligible for tips. He should be required to clock in as a different job title (that isn't eligible for tips) if he is working a job that isn't eligible for any tips. This is a common occurrence in privately owned businesses that are trying to cut controllable costs like labor. Hope that answers your question.
He was told he needed to talk to the lady in payroll tomorrow when she comes in because it is up to her. He's in high school, he's still a kid as far as I'm concerned. Is it bad for momma to call the place or do I let him handle it himself. I'm afraid he won't say the right thing.... :)
I have no problem with the $5.50 an hour when he is doing deliveries but what what you are saying is, on days that he is in the kitchen all day, he should at least be making minimum wage, correct? How about if they send him out on just one delivery during an 8 hour day; does that negate it?
They are scamming your son...he needs to report them to the dept of labor before he goes to the accountant. If they fire him...lower the hammer. What they are doing is very illegal...and I know what I'm talking about.
treble is the word of the day
Restaurants in my experience with working for them are cheap and will look to cut corners with employees, with hold payments...this is most likely a case of mistaken payment/ miscommunication with payroll. Once its explained they should take care of the situation and cut a check for the difference, unless they are shady.
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He should be clocked in under the job he is performing. The manager should let him know( or he should be scheduled) before the shift what he will be doing for that shift. The manager should know beforehand if your son will be in the kitchen or delivering. If he is scheduled for the kitchen, and he gets sent out on a delivery bc of an emergency, he is legally bound to minimum wage. Hourly and tip employees are to be paid differently.
Meaning retribution for malfeasance is tripled? In other words, if he should be making MW, $7.00, and they only paid him $5.50, then the award would be $21.00 an hour x number of hrs worked?
He should be paid according to his PRIMARY(what his majority hours worked) job function. He would have a job classification and workers comp code that would dictate.
I do not see a problem with calling them yourself. They will just play more games with your son.
No, because he already received payment for 5.50 out of the 7.00 in that hypo. So if you had to calculate the damages, it would be the total amount of back wages not paid out, if the cause of action allows for treble damages, you triple that amount and then ask for court costs and attorney fees.
So if he worked 100 hours and was only paid at 5.50 an hour, he would be entitled to back wages in the amount of $150.00 (1.50 an hour unpaid for 100 hours). If trebled, the amount would be $450.00.
On his pay stub they did also have down that he made $50 in tips over the two weeks which might be close. I know the one day he did a lot of deliveries he made $33 in tips and then on two other days he only went out once each day, but he still has 6 days or so where he made no deliveries and still only made the $5.50.
In that case, you would probably have to delineate between the jobs where tips count towards income and those that don't (like some posters above mentioned) The real issue will be whether or not he could have made a tip or whether he was doing a job (ie washing dishes) making it impossible to earn one.
Okay thanks. They don't have a big delivery business anyway. They have a guy that pretty much works full time doing deliveries only and he is able to handle it on his own. Garrett is usually in the kitchen doing other things but I think that one day he did a lot of them, the other guy wasn't working and the other couple of deliveries he did is when they pulled him out of the kitchen to go make a quick run.
Yes, please don't call. I deal with undergrads a good bit, and parents can do their kids a favor by informing their kids of what to say and letting them fight their own battles - and helping them fight those battles themselves. They'll learn more that way. Their may be a time when you need to get involved, but this is not it.
Even if he's making tips at the 5.50 rate his tips have to bring him up to minimum wage or else he's owed the difference. Its also illegal i believe for them to claim his tips for him. Sounds like they owe him money regardless. He needs to have 2 different codes for when he's performing each duty. I'd let him try to handle it on his own first. If there's push back you get involved. Its a learning experience for him but after all as parents we are there to protect our children. Just walk him through how he should handle it beforehand.
This post was edited by Plyler38 22 months ago
"Those who live in the past are cowards and losers" -- Mike Ditka
I think the best thing your son could do is find another job. If he's working for someone so fricking cheap that he'll cheat a teenager, there is nothing good that can come of continuing to work for this cheapskate.
Oh... and if you do call, tell the owner that you'll tell your buddies on TBS, FB and Twitter if he doesn't get his crap together. Social media can make or break a business.
Is he working at Saludas?
I have to agree...as parents our role is to teach our children, not to do it for them. Explain the situation to him, and how he should approach it, then let him try to resolve the issue himself. He may succeed, he may not. If they play hard ball with him, and he is unable to handle it on his own, then it may be time to step in. Give him a chance to settle it first.
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