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Disargeria
May 6, 2010

All Good Things are Wild and Free!
I tell strangers I'm a chef at a fancy restaurant with high reviews and tons of awards, family/casual friends that I'm a chef that's not allowed to put new dishes on the menu because there's like these other chefs above me but everyone loves and respects me, and close friends / people who work in the industry that I'm a lowly piece of garbage part time cook and our food isn't that great. It's like the levels of truthiness.

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A Man and his dog
Oct 24, 2013

by R. Guyovich
Ugh, I really do hate hooking up with co workers.

Don't poo poo where you eat.

But everyone else is doing it and I've recently got involved with the new phone girl. I got with her on the first day.

Jesus Christ. What!

iospace
Jan 19, 2038


:yikes:

Canuck-Errant
Oct 28, 2003

MOOD: BURNING - MUSIC: DISCO INFERNO BY THE TRAMMPS
Grimey Drawer
Thanks for being the id of this thread, A man and his dog.

bunnyofdoom
Mar 29, 2008

Jaxxon: Still not the stupidest thing from the expanded universe.



So, uh, in other news, a local chef, of some real good restos here put out a statement

https://twitter.com/CBCOttawa/status/923193515626172418


And uh, AMAHD, you do realize this poo poo is why the thread mocks you right?

bunnyofdoom fucked around with this message at 15:42 on Oct 25, 2017

The Midniter
Jul 9, 2001

AMAHD she just wants to steal your identity to get at that sweet credit score

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

bunnyofdoom posted:

So, uh, in other news, a local chef, of some real good restos here put out a statement

https://twitter.com/CBCOttawa/status/923193322147078144


And uh, AMAHD, you do realize this poo poo is why the thread mocks you right?

Deleted. What did it say?

In other news, there's a Facebook messenger group I'm on with all the town's bartenders. It's mostly to pass warnings of troublemakers and fakes, but occasionally we get good stories. Last week a girl got her fake taken at a bar, and in her brilliance, she called the cops to get her fake back. They arrested her, and then proceeded to run the names of the 7-8 other fakes the bar took that night. They all got arrested the next day.

After 4-5 years of not doing anything, it feels good that they're cracking down.

bunnyofdoom
Mar 29, 2008

Jaxxon: Still not the stupidest thing from the expanded universe.



Brute Squad posted:

Deleted. What did it say?

In other news, there's a Facebook messenger group I'm on with all the town's bartenders. It's mostly to pass warnings of troublemakers and fakes, but occasionally we get good stories. Last week a girl got her fake taken at a bar, and in her brilliance, she called the cops to get her fake back. They arrested her, and then proceeded to run the names of the 7-8 other fakes the bar took that night. They all got arrested the next day.

After 4-5 years of not doing anything, it feels good that they're cracking down.

Fixed in original post.

Field Mousepad
Mar 21, 2010
BAE

A Man and his dog posted:

Ugh, I really do hate hooking up with co workers.

Don't poo poo where you eat.

But everyone else is doing it and I've recently got involved with the new phone girl. I got with her on the first day.

Jesus Christ. What!

Dude. Stop.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

bunnyofdoom posted:

Fixed in original post.

hosed up poo poo, but at least he's coming clean and trying to be better. And seemingly on his own.

Still hosed up.

bunnyofdoom
Mar 29, 2008

Jaxxon: Still not the stupidest thing from the expanded universe.



Brute Squad posted:

hosed up poo poo, but at least he's coming clean and trying to be better. And seemingly on his own.

Still hosed up.

....Gets worse


Scuttlebutt among some my friends who work at one his restos....everyone found out today that they have NDAs. (It was hidden in their employment paperwork)

iospace
Jan 19, 2038


bunnyofdoom posted:

....Gets worse


Scuttlebutt among some my friends who work at one his restos....everyone found out today that they have NDAs. (It was hidden in their employment paperwork)

I think it's becoming increasingly standard now. I know Jimmy Johns does it and defended that practice.

However, I don't think NDAs supersede whistleblower laws.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.
I'm not going to recommend anyone falls on this particular sword, but most restaurant workers are protected from litigation by the simple virtue of having no money. Eventually they could get a court order on you that could result in jail time if you violated it, but if it's something dark enough you can get the story out there before that happens, and the "only" repercussion is complete financial ruin, but if you already have no money or hopes of getting any large amount, how much of a burden is that?

Also gently caress Matthew Carmichael, the only reason he's coming out publicly now is to get ahead of a story that he knew was going to blow up. Either because there's a lot of terrible poo poo he knows is about to explode, or the Besh story got big enough Carmichael got worried. There's no way he'd be apologizing for poo poo if the Besh story hadn't come out this week.

I did like what Anthony Bourdain said about this
http://www.slate.com/articles/news_...nt_culture.html

Anthony Bourdain posted:

I’ve been hearing a lot of really bad poo poo, frankly, and in many cases it’s like, wow, I’ve known some of these women and I’ve known women who’ve had stories like this for years and they’ve said nothing to me. What is wrong with me? What have I, how have I presented myself in such a way as to not give confidence, or why was I not the sort of person people would see as a natural ally here? So I started looking at that.

He's also dating Asia Argento, so he's about as deep into the scandals as a man can be without being a criminal.

Amy Pole Her
Jun 17, 2002

A Man and his dog posted:

I'm currently a bit in trouble with my job because of drinking. Haven't lost any shifts or anything.

But I guess it's fine that everyone else is hosed up on:

Weed, Pills, Marriage issues, child support, drinking, not showing up to work, paying us poo poo wages...

But me trying to have some cold ones after working 12 hour days IS THE PROBLEM. ..

Time for the SA intervention. You’ve admitted to us in discord that you drink 3-5 beers before every shift

mandatory lesbian
Dec 18, 2012
i missed that post the first time but boy howdy do i want to get hosed up on some marriage issues now

GhostofJohnMuir
Aug 14, 2014

anime is not good

Amy Pole Her posted:

Time for the SA intervention. You’ve admitted to us in discord that you drink 3-5 beers before every shift

having at least one party be drunk is the only way he knows to get down

JawKnee
Mar 24, 2007





You'll take the ride to leave this town along that yellow line
the industry is a predatory, incestuous, parasitic mess that destroys everyone in it

but for real AMAHD you need to stop with loving your coworkers, and if you are crushing the better part of a six before work, how much are you downing after?

mindphlux
Jan 8, 2004

by R. Guyovich
wwoah, a gws industry thread discord? someone should send me an invite so I can waste more time than I already do on that poo poo

Naelyan
Jul 21, 2007

Fun Shoe

mindphlux posted:

wwoah, a gws industry thread discord? someone should send me an invite so I can waste more time than I already do on that poo poo

also this

Amy Pole Her
Jun 17, 2002

mindphlux posted:

wwoah, a gws industry thread discord? someone should send me an invite so I can waste more time than I already do on that poo poo

It’s a football discord, from SAS:TFF. If you enjoy football video games and stupid inside jokes wevrun into the ground, you’re welcome to join!!

Doorstop
Jan 13, 2008
I really miss Texas
I ducked in here to see if there are any bartender/kitchen lawyers here.

I recently picked up a night job bartending at a quiet upscale lounge in Louisiana. Louisiana has no tipping laws so it would be down to federal stuff, so I will lay out the situation and yall can tell me I'm hosed and I'll go away.

In the interview process I was told that since we are a small staff that myself and the other bartender are paid $600/week salary, and that tips would be pooled, which I was fine with because there are only 3 people working. They mentioned doling out tips at a pool of $1200, so I assumed that when the pool hit that we would be paid.

I was wrong. The 1200 "tip pool" is being collected by management weekly. If we don't go over 1200 then we get the base salary. Anything over 1200 is split up and added to our pay. Now I will admit the job is easy and chill for bar work, but I am pissed that if I was just paid 7.25 an hour and half the tip pool that I would obviously be making more $. I am assuming the boss did this as it is a new bar and the 1200 limit essentially ensures that he is paying nothing to his bartenders, because if we hit 1200 then the two bartenders (other guy is a manager) each get 600 and owner is out no money at all. At this point I wonder if this is legal since he technically has 3 'salaried' employees and no hourly tip based people. The part that annoys me is the fact that this is all presented to the customer base, which is very nice and generous since we are a quiet neighborhood place, as gratuity that we take home, which is essentially false.

How boned am I in this scenario?

iospace
Jan 19, 2038


If you're being paid salary and not by hour, you're not supposed to be getting tips.

Plus, 600/week is really, really nice. I wish I got that in my job.

JawKnee
Mar 24, 2007





You'll take the ride to leave this town along that yellow line
IANAL, and I don't even work in the industry any more, and never worked in the states - I just want to know if I'm reading this right: your boss/management are pocketing your tips?

If so that sounds very illegal (it would definitely be up here in Canada), and would certainly make me quit on the spot.

iospace
Jan 19, 2038


JawKnee posted:

IANAL, and I don't even work in the industry any more, and never worked in the states - I just want to know if I'm reading this right: your boss/management are pocketing your tips?

If so that sounds very illegal (it would definitely be up here in Canada), and would certainly make me quit on the spot.

There's also this. So it's a massive gray area.

If they're collecting the tips then adding it directly to your paycheck without skimming anything off the top, then that's legal. If they're pocketing any of it, it's very illegal.

deedee megadoodoo
Sep 28, 2000
Two roads diverged in a wood, and I, I took the one to Flavortown, and that has made all the difference.


This is relevant.

https://www.eater.com/platform/amp/2017/7/27/16049422/zahav-lawsuit

There definitely are laws around tipping. You would need to do some research or consult with a lawyer for your area.

Doorstop
Jan 13, 2008
I really miss Texas

iospace posted:

If you're being paid salary and not by hour, you're not supposed to be getting tips.

Plus, 600/week is really, really nice. I wish I got that in my job.

Yeah that's why I find this so weird. It is a bar with essentially no hourly employees, so I'm not sure what's supposed to happen to the tips. Don't get me wrong I like the job, it just strikes me as shady that all tips are being collected by ownership and essentially being used to pay the salaries.

Doorstop
Jan 13, 2008
I really miss Texas

iospace posted:

There's also this. So it's a massive gray area.

If they're collecting the tips then adding it directly to your paycheck without skimming anything off the top, then that's legal. If they're pocketing any of it, it's very illegal.

The problem is not so much that they are adding tips to paycheck, its that they are using the tips to form the base salary.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Doorstop posted:

The problem is not so much that they are adding tips to paycheck, its that they are using the tips to form the base salary.

This is essentially the issue. I'm not sure what min. wage for tipped employees is there, but it's Louisiana so probably the federal minimum of $2.13/hr or whatever. Tips should never be collected by management, and in fact should only be touched by management when they hand you your CC tips at the end of the night in the form of cash. If, for whatever reason, you don't make enough in tips during any given pay period (or maybe shift, can't remember off the top of my head), management is supposed to supplement your pay to bring that $2.13 up to the federal or local minimum wage, whichever is higher.

It sounds like either these owners are relatively new and rather naive, and think that they're doing you a solid by guaranteeing you $600, or that there's far more than $1200 in tips going in each week and they're skimming for themselves. Either way, you're missing out on that $2.13/hr.

A few questions: Do you get an actual paycheck, with taxes/ss deducted or is it just a printed check each week? If the former that's good, if the latter it means they're really loving up because they're not paying their share of employment taxes. It also means that if you hurt yourself you may not be eligible for workman's comp (or have to fight tooth and nail for it), or unemployment should you be let go.

Do you legitimately think you can make more than $600/wk elsewhere? If so, start looking for a new job now and find it. Then decide if you want to go to the labor board about this. I used to know a few bartenders who essentially worked off the books for their shifts (3-4/wk) but kept all their tips - they didn't care because they were making money hand over fist, so the $2.13 was a non-issue and they got to walk with all their tips at the end of the shift. Just something to keep in mind if you're not sure if you can make more elsewhere.

Lastly, how are you able to track the $1200/wk in tips to know they're being honest? Do you see receipts at the end of the shift?

tl;dr: Yes, they're breaking the law. Whether it's out of stupidity or greed, who knows - but you have to find out if you can do better elsewhere, then decide if it's worth suing. At the very least, I'd be poking around.

JawKnee
Mar 24, 2007





You'll take the ride to leave this town along that yellow line

Doorstop posted:

Yeah that's why I find this so weird. It is a bar with essentially no hourly employees, so I'm not sure what's supposed to happen to the tips. Don't get me wrong I like the job, it just strikes me as shady that all tips are being collected by ownership and essentially being used to pay the salaries.

well, they're paying you your wages, they really really shouldn't be touching your tips at all, and them dressing it up as some kind of weirdo accounting - if they are - is super shady. You need to check out the laws in your state regarding gratuities.

POOL IS CLOSED
Jul 14, 2011

I'm just exploding with mackerel. This is the aji wo kutta of my discontent.
Pillbug
Hi! I'm not in the restaurant industry, but I am a payroll accountant.

Bartenders shouldn't be classified as FLSA-exempt workers -- meaning you cannot legally be paid on a salary basis (unless you're actually for real a manager). You must be paid an hourly rate for all hours worked and you should also receive overtime for any hours in excess of 40 hrs per workweek. Tips count towards making up the minimum wage set for servers in restaurants.

Your managers should not be stealing your tips, either. Tip pools are fine as long as the staff being tipped out are employees who customarily receive tips. These are federal protections.

As far as state laws go, employees receive the benefit of whichever rules are more favorable to them, state or fed.

https://www.dol.gov/whd/regs/compliance/whdfs15.pdf

Get a new job and file a grievance with your state DoL.

mindphlux
Jan 8, 2004

by R. Guyovich

POOL IS CLOSED posted:

Hi! I'm not in the restaurant industry, but I am a payroll accountant.

Glad you posted in here. I'm sort of wondering if the owners are just idiots who know nothing about employment law, and are planning to issue a 1099 or something to our poor friend - which correct me if I'm wrong, but there's basically no position in a restaurant that could be considered a 1099 job except like, bookkeeping, nightly cleaning (maybe), management consulting, that sort of thing? Everything else would be a W2 salary or hourly?

Also from the PDF you linked : the service charge thing is really interesting, as it is part of the restaurant's gross receipts and can be used to meet FLSA minimums. How is this typically used by restaurants? I am not sure I've seen service charges really applied, except in the case of like large parties or catering or whatever.

mindphlux fucked around with this message at 07:06 on Oct 28, 2017

POOL IS CLOSED
Jul 14, 2011

I'm just exploding with mackerel. This is the aji wo kutta of my discontent.
Pillbug

mindphlux posted:

Glad you posted in here. I'm sort of wondering if the owners are just idiots who know nothing about employment law, and are planning to issue a 1099 or something to our poor friend - which correct me if I'm wrong, but there's basically no position in a restaurant that could be considered a 1099 job except like, bookkeeping, nightly cleaning (maybe), management consulting, that sort of thing? Everything else would be a W2 salary or hourly?

Also from the PDF you linked : the service charge thing is really interesting, as it is part of the restaurant's gross receipts and can be used to meet FLSA minimums. How is this typically used by restaurants? I am not sure I've seen service charges really applied, except in the case of like large parties or catering or whatever.

:words: coming up

There's a whole test to determine whether you can classify a worker as a 1099 contractor, but loads of employers gently caress this up (whether that's an accident or not is an exercise for the audience). If you're misclassified and incorrect tax statements are issued for you, you have to take it up with your employer, and if they won't issue a correction, then you have to make your case to the IRS and state dept of revenue so they can force your employer to make the corrections. This is a massive pain in the rear end.

The details of the IRS test for independent contractors are up on their site, but largely the classification is about the degree of control the worker has over the place, time, nature, and means of the work. This is why most cleaning staff are actually employees of a staffing company that holds the contract to clean offices or whatever instead of being independent contractors or employees of the place being cleaned. It's a nice fiction to minimize wages and benefits.

That reminds me -- it's always prudent to ensure that your employer is actually sending in your employee payroll tax deductions (the stuff that shows up on your paystubs) if you think your employer is loving shady. My city had a pretty big case with a restaurant owner who basically stole all those withholdings instead of remitting them to the state and federal governments. While it's a crime for him to do so, the theft doesn't let the employees off the hook -- they still owe unpaid taxes.

As far as the service charge goes, I'm betting that in reality, most restaurants gently caress up the minimum wage tip credit bit as usual. There's argument that service charges that are explained on the menu as a compulsory tip are economically identical to tips and therefore must be handled as such, but the current guidance is now pretty firm (at least as written; companies will comply or not).

Some owners are really resistant to applying these things correctly even when they hire pros for their guidance.

Anyway this is the longest fuckin post I've written on the phone, holy poo poo

mindphlux
Jan 8, 2004

by R. Guyovich
yeah, having "employed" people (contractors), I know firsthand what a shitshow employment taxes and regulations are. luckly everyone I work with basically are 1099 freelancers with their own LLC's, and I don't dictate where or when anyone works or anything - but there are a few times we sat down and went over the costs and taxes and everything involved with making them W2s and my head hurt like a motherfucker. the whole tipout system and withholding on that just ups the bar even more.

that said, if you're paying someone literally $2/hr to work, you probably should be doing it by the book and use all the money you're saving to go pay someone to calculate and file everything correctly - but I can still see how a ton of shithead restaurant operators would either get confused or just not want to deal with it altogether.

find an attorney if you think you're getting shafted! most employment attorneys operate on a contingency fee, and are happy to do an intake consultation - I work with a couple reputable EEOC/FLSA attorneys in Atlanta, and they're all great folk who want to do right by employees getting hosed.

Doorstop
Jan 13, 2008
I really miss Texas
Hey thanks for all the knowledge. I definitely filled out a W2 and not a 1099. And when I clock in on the POS system I am definitely a bartender and not a manager or anything. This sucks because I really like this bar and the job is pretty chill. Guess I need to quietly run this by a lawyer friend because Lousiana law is a shitshow. Really appreciate y'all weighing in.

POOL IS CLOSED
Jul 14, 2011

I'm just exploding with mackerel. This is the aji wo kutta of my discontent.
Pillbug
Just remember that you receive the benefit of whichever (fed vs state) law is stricter (that is, more beneficial to you, the employee). Talk to your lawyer friend first and be ready to jump ship if politely notifying your employer of their error goes sour. And of course please notify the dept of labor if your employer doesn't correct the error too. That's the only way to push back against these practices in the long run.

JacquelineDempsey
Aug 6, 2008

Women's Circuit Bender Union Local 34



POOL IS CLOSED posted:

My city had a pretty big case with a restaurant owner who basically stole all those withholdings instead of remitting them to the state and federal governments. While it's a crime for him to do so, the theft doesn't let the employees off the hook -- they still owe unpaid taxes.

Man, that's a big ball of suck for the employees. They really don't have any case in saying "hey, my shitlord employer basically embezzled from me/the IRS, go after them"? :(

Also, hello thread, after a hiatus doing political canvassing, I'm back in the kitchen. The crew was trying to spook me yesterday with chit-chat of "hey, when was the last time any fresh hires made it through a Saturday?" but I rocked that poo poo like a boss :getin: I am admittedly a little nervous about tomorrow's brunch, I've seen how people actually line up outside the door waiting for the place to open. I hear it's absolute insanity for the first half hour, then settles as the tables start flipping. Feh, can't be worse than my old dish job having 400 Army grunts/half-hour show up at the DFAC, but Uncle Sam only thought fit to provide us with 200 plates. I got this.

right? i got this? :ohdear:

pile of brown
Dec 31, 2004
IANAL but if you can't show pay stubs that show you've already had those taxes deducted that is fuuuuuucked

mindphlux
Jan 8, 2004

by R. Guyovich

pile of brown posted:

IANAL but if you can't show pay stubs that show you've already had those taxes deducted that is fuuuuuucked

Yeah, a completely fair question of any actual w2 employee anywhere is 'show me my YTD paystub, my CPA asked for it' - even if you don't know what a CPA even is, this will ring the right bell to get any business owner to take you seriously. worst case they say "lol you're not an employee, but here's what we've paid you to date", and you have ammo for your employment lawyer

Chef De Cuisinart
Oct 31, 2010

Brandy does in fact, in my experience, contribute to Getting Down.
Decided to give rehandling a knife a go. Forgot to take a pic of the before, but this is just some ancient boning/skinning knife I found for a dollar. The handle is mesquite stained lightly with some Rust-Oleum cherry and a few layers of semigloss polyeurythane.



My bro gave me some Cedar and Maple planks to rehandle other stuff with, I think I may do my Tojiro DPs in the Cedar. Depends on how hard it is to get those damned handles off.

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Plan Z
May 6, 2012

So I'm used to working more traditional industry kitchens like line station jobs or hotel banquet stuff, and working a small bistro is a pretty noticeable change. I'm used to being locked down at a station for 8+ hours crossing off a prep list/BEO/ticket. At most times in the day, I've got orders cooking, prep working, talking to customers, serving food, cutting down dishes for when the washer arrives, and other stuff. It's an interesting change of pace and I dig it, but man does it really start showing problems when there are weak links in the chain.

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