Hello!
I'm writing from Texas and am working as a waitress here at $2.13 an hour. I have three questions regarding labor laws. If anyone can help me out that would be great!
1. At my restaurant, our "tip-out" (to runners, kitchen, and bar) is automatically deducted by the computer at 3.5% of sales, even if the kitchen messes everything up or we get stiffed on a big tab. We have no way to adjust it. Is that legal?
2. Is there a legal maximum to the amount of time waitstaff can be required to stay after their shift doing "sidework"? After we close all our tables down and are not eligible for receiving any more tables (ie done making any tips), we have to stay an additional 1.5 to 2 hours every day. Some of our tasks are normal and reasonable (rolling silverware, cleaning tables, cleaning bathrooms, etc.). However, a bulk of this time is spent running food for other waiters. The management will cut all the "runners" (paid 6.50 hourly) and have the waitstaff run food through the dinner rush. I feel that because we're paid nearly nothing, the restaurant overuses us, keeping us longer than is reasonable, having us do random cleaning tasks. Is this legal (keeping in mind we also arrive an hour before getting tables in order to set-up)?
2. The restaurant is fairly inconsisent from day to day so for some shifts we show up for 1 to 2 hours and are cut without taking any tables because of overstaffing issues. We do work (setting up the restaurant, rolling silverware) but have no opportunity to make money. Does the restaurant have to pay us minimum wage on the day or just on the "pay period" if we don't make it in tips?
On the whole, we do end up making minimum wage on the week, but get cut completely out of our shifts so much we have to show up 6-7 days a week just to get 35 hours. Also, even on days we get tips our hourly rate is diluted by all the extra work that is required of us and the mandatory tip-out.
Sorry for all the questions. ANY HELP WOULD BE APPRECIATED. Or if anyone knows a resource in Texas I can turn to to get these questions answered
THANKS!

Sydney
I'm writing from Texas and am working as a waitress here at $2.13 an hour. I have three questions regarding labor laws. If anyone can help me out that would be great!
1. At my restaurant, our "tip-out" (to runners, kitchen, and bar) is automatically deducted by the computer at 3.5% of sales, even if the kitchen messes everything up or we get stiffed on a big tab. We have no way to adjust it. Is that legal?
2. Is there a legal maximum to the amount of time waitstaff can be required to stay after their shift doing "sidework"? After we close all our tables down and are not eligible for receiving any more tables (ie done making any tips), we have to stay an additional 1.5 to 2 hours every day. Some of our tasks are normal and reasonable (rolling silverware, cleaning tables, cleaning bathrooms, etc.). However, a bulk of this time is spent running food for other waiters. The management will cut all the "runners" (paid 6.50 hourly) and have the waitstaff run food through the dinner rush. I feel that because we're paid nearly nothing, the restaurant overuses us, keeping us longer than is reasonable, having us do random cleaning tasks. Is this legal (keeping in mind we also arrive an hour before getting tables in order to set-up)?
2. The restaurant is fairly inconsisent from day to day so for some shifts we show up for 1 to 2 hours and are cut without taking any tables because of overstaffing issues. We do work (setting up the restaurant, rolling silverware) but have no opportunity to make money. Does the restaurant have to pay us minimum wage on the day or just on the "pay period" if we don't make it in tips?
On the whole, we do end up making minimum wage on the week, but get cut completely out of our shifts so much we have to show up 6-7 days a week just to get 35 hours. Also, even on days we get tips our hourly rate is diluted by all the extra work that is required of us and the mandatory tip-out.
Sorry for all the questions. ANY HELP WOULD BE APPRECIATED. Or if anyone knows a resource in Texas I can turn to to get these questions answered
THANKS!

Sydney
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