California doesn't have a special minimum wage for tipped professions? When I was waiting tables a long time ago I think my pay was $1.95 an hour. It was usually just enough to cover tax on tips (the ones we admitted).
> California doesn't have a special minimum wage for tipped professions?
NO STATE has a "special minimum wage for tipped professionals". MOST STATES allow tips to be *credited* towards wage, but NO STATE allows an employee to be paid less than minimum wage. There's a "special minimum wage THAT EMPLOYERS MUST CONTRIBUTE TOWARDS a tipped professional'S WAGE", but that's a very different thing than "the minimal amount of pay an employee may receive."
The difference is where the money comes from: directly from employer vs directly from customer. But in all cases *the sum of these sources* must equal the minimum wage.
If the employee is not taking home at least minimum wage, then the employer is guilty of wage theft.
If the employer does not make at least $x towards an employee's wage, the employer is guilty of wage theft.
So instead, read the CA's (and AK, MN, MT, NV, OR, WA) rule as "tips may not be credited towards an employee's salary".
You keep posting this over and over as if states with a lower tipped minimum are equivalent to states with the same minimum, regardless of tips.
You're not wrong that, in states with a lower tipped minimum, the tips act as a credit. But you're ignoring what the power imbalance in those situations can do to an employee, and you're ignoring the fact that in states like that, tips paid by customers are effectively subsidizing the employer out of paying minimum wage.
And I don't think that it would be surprising that wage theft is more common in places where the tipped minimum is set lower than the general minimum.
As a customer, I would much rather know that the employer is paying the full fair minimum wage regardless, and any tip I leave will always be on top of that. I don't want to be paying a part of the employee's wage that the employer would otherwise be paying.
Looks like it changed in 1988 due to a state supreme court ruling about a 1975 law. The law said the tips were the "sole property" of the employee and couldn't be counted by the employer as wages.
godelski|7 months ago
The difference is where the money comes from: directly from employer vs directly from customer. But in all cases *the sum of these sources* must equal the minimum wage.
If the employee is not taking home at least minimum wage, then the employer is guilty of wage theft.
If the employer does not make at least $x towards an employee's wage, the employer is guilty of wage theft.
So instead, read the CA's (and AK, MN, MT, NV, OR, WA) rule as "tips may not be credited towards an employee's salary".
[0] https://www.dol.gov/agencies/whd/state/minimum-wage/tipped
kelnos|7 months ago
You're not wrong that, in states with a lower tipped minimum, the tips act as a credit. But you're ignoring what the power imbalance in those situations can do to an employee, and you're ignoring the fact that in states like that, tips paid by customers are effectively subsidizing the employer out of paying minimum wage.
And I don't think that it would be surprising that wage theft is more common in places where the tipped minimum is set lower than the general minimum.
As a customer, I would much rather know that the employer is paying the full fair minimum wage regardless, and any tip I leave will always be on top of that. I don't want to be paying a part of the employee's wage that the employer would otherwise be paying.
FireBeyond|7 months ago
See what your server's reaction is if you tell them to report this wage theft.
They won't. They'll just suggest you tip them to compensate.
rconti|7 months ago
https://www.latimes.com/archives/la-xpm-1988-11-01-mn-628-st...
sundaeofshock|7 months ago
jandrewrogers|7 months ago
Aloisius|7 months ago