College Students Arrested For Refusing To Pay Tip

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xanis

Lifer
Sep 11, 2005
17,571
8
0
Let's be clear here. Federal Wage law permits resturant and Bar owners to calculate that "gratuity" as part of the wages for the server to the exclusion of having to actually pay the Federal Minimum Wage.
AS long as that is allowed to happen, the server is the one that gets screwed when people such as these fail to read the clearly stated policy.
Tip at least 10% and COMPLAIN if you had a problem, but if you walk out on a tip, I hope you get screwed in your job, by some super-asshole of a boss, in front of everyone else, because you're a douche.

Sorry, but I definitely don't agree with your last statement. In my opinion, if the server was THAT bad at her job, she deserves to get screwed. As for the restaurant, if IT doesn't want to screwed, it needs to do something about the level of service provided by its employees. Also, it sounds like in this case the patrons made a conscious decision to not pay the tip, so I doubt they were just being illiterate.

I usually tip very well... at the very least 18%, usually 20%+ if the service is really outstanding. Don't get me wrong, I don't condone stiffing your server just because you're a cheapass. However I certainly wouldn't judge someone for walking out without tipping some exceptionally poor service, as seems to be the case here. I also wouldn't feel bad about not tipping in their case.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Sorry, but I definitely don't agree with your last statement. In my opinion, if the server was THAT bad at her job, she deserves to get screwed. As for the restaurant, if IT doesn't want to screwed, it needs to do something about the level of service provided by its employees. Also, it sounds like in this case the patrons made a conscious decision to not pay the tip, so I doubt they were just being illiterate.

I usually tip very well... at the very least 18%, usually 20%+ if the service is really outstanding. Don't get me wrong, I don't condone stiffing your server just because you're a cheapass. However I certainly wouldn't judge someone for walking out without tipping some exceptionally poor service, as seems to be the case here. I also wouldn't feel bad about not tipping in their case.
Then you're a douche who agrees it's ok to screw the worker. Good service is a subjective judgement. The server's job is to get you your food, etc.
IF there is a problem, and you just sit there and take it, then get all butt-hurt about it, you're a douche.
Failing to pay a clearly stated policy only compounds the worker intimidation present in such a FEDERAL WAGE POLICY that allows for 3rd parties to determine the prevailing wage. IF they were being paid the Straight Federal Minimum Wage, I would agree with you because THEN and ONLY THEN is it a gratuity. UNtil then, it's part of their minimum wage, and they are being taxed on it, regardless of it being paid or not. The "Tips, Gratuities" part of the W-2 is determined by the check total, not someone's judgement of performance level.
AS long as you suborn Federal Wage law for your own petty, egotistical reasons, yuo're a douche.

BTW, I'll bet all you tight ass tipwads have eaten a lot of lugy. mmmmmmm makes your skin crawl, doesn't it?
 

xanis

Lifer
Sep 11, 2005
17,571
8
0
Then you're a douche who agrees it's ok to screw the worker. Good service is a subjective judgement. The server's job is to get you your food, etc.
IF there is a problem, and you just sit there and take it, then get all butt-hurt about it, you're a douche.
Failing to pay a clearly stated policy only compounds the worker intimidation present in such a FEDERAL WAGE POLICY that allows for 3rd parties to determine the prevailing wage. IF they were being paid the Straight Federal Minimum Wage, I would agree with you because THEN and ONLY THEN is it a gratuity. UNtil then, it's part of their minimum wage, and they are being taxed on it, regardless of it being paid or not. The "Tips, Gratuities" part of the W-2 is determined by the check total, not someone's judgement of performance level.
AS long as you suborn Federal Wage law for your own petty, egotistical reasons, yuo're a douche.

BTW, I'll bet all you tight ass tipwads have eaten a lot of lugy. mmmmmmm makes your skin crawl, doesn't it?

Note the part that I bolded. The server's duties include the things you mentioned, and in the story the server failed to perform those duties. Tell me then, why should they get that extra money? I realize that the gratuity is factored into their wages and that the establishment is legally obligated to make the difference to make minimum wage. No matter what though, the server will always make AT LEAST minimum wage, regardless of whether or not you tip. If the restaurant is getting hurt financially by shelling out the extra wages, then maybe they should be discussing good customer service with their employees so that they get tipped.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Let's be clear here. Federal Wage law permits resturant and Bar owners to calculate that "gratuity" as part of the wages for the server to the exclusion of having to actually pay the Federal Minimum Wage.
AS long as that is allowed to happen, the server is the one that gets screwed when people such as these fail to read the clearly stated policy.
Tip at least 10% and COMPLAIN if you had a problem, but if you walk out on a tip, I hope you get screwed in your job, by some super-asshole of a boss, in front of everyone else, because you're a douche.

Unless the server's tips do not meet the minimum wage set by federal law, in which case the business must make up the difference. So, a shitty server gets paid minimum wage...what's the problem with that?
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Then you're a douche who agrees it's ok to screw the worker. Good service is a subjective judgement. The server's job is to get you your food, etc.
IF there is a problem, and you just sit there and take it, then get all butt-hurt about it, you're a douche.
Failing to pay a clearly stated policy only compounds the worker intimidation present in such a FEDERAL WAGE POLICY that allows for 3rd parties to determine the prevailing wage. IF they were being paid the Straight Federal Minimum Wage, I would agree with you because THEN and ONLY THEN is it a gratuity. UNtil then, it's part of their minimum wage, and they are being taxed on it, regardless of it being paid or not. The "Tips, Gratuities" part of the W-2 is determined by the check total, not someone's judgement of performance level.
AS long as you suborn Federal Wage law for your own petty, egotistical reasons, yuo're a douche.

BTW, I'll bet all you tight ass tipwads have eaten a lot of lugy. mmmmmmm makes your skin crawl, doesn't it?

Do you even know what the prevailing wage is? Gratuity does not factor in the prevailing wage.
 

xanis

Lifer
Sep 11, 2005
17,571
8
0
Unless the server's tips do not meet the minimum wage set by federal law, in which case the business must make up the difference. So, a shitty server gets paid minimum wage...what's the problem with that?

Pretty much the point I was trying to make in my previous post, but more concisely-put.
 

69Mach1

Senior member
Jun 10, 2009
662
0
76
Then you're a douche who agrees it's ok to screw the worker. Good service is a subjective judgement. The server's job is to get you your food, etc.
IF there is a problem, and you just sit there and take it, then get all butt-hurt about it, you're a douche.
Failing to pay a clearly stated policy only compounds the worker intimidation present in such a FEDERAL WAGE POLICY that allows for 3rd parties to determine the prevailing wage. IF they were being paid the Straight Federal Minimum Wage, I would agree with you because THEN and ONLY THEN is it a gratuity. UNtil then, it's part of their minimum wage, and they are being taxed on it, regardless of it being paid or not. The "Tips, Gratuities" part of the W-2 is determined by the check total, not someone's judgement of performance level.
AS long as you suborn Federal Wage law for your own petty, egotistical reasons, yuo're a douche.

BTW, I'll bet all you tight ass tipwads have eaten a lot of lugy. mmmmmmm makes your skin crawl, doesn't it?

And if the servers at the restaurant believe that because they're going to get a gratuity anyway and don't give a shit about giving good service, then they're a douche also. If they want the cash, give the service. That's why I leave as soon as I see the part about a mandatory tip. I will not pay someone to be a prick.
 
May 16, 2000
13,526
0
0
While they'll probably lose in court, they acted correctly. While the business likely has the legal right to do that, people have a moral obligation to refuse to pay it, and do everything in their power to drive them out of business. When owners all start starving to death, alone on the streets, they'll change their procedures.

I hope these students utterly destroy the business, and the owners never recover.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Note the part that I bolded. The server's duties include the things you mentioned, and in the story the server failed to perform those duties. Tell me then, why should they get that extra money? I realize that the gratuity is factored into their wages and that the establishment is legally obligated to make the difference to make minimum wage. No matter what though, the server will always make AT LEAST minimum wage, regardless of whether or not you tip. If the restaurant is getting hurt financially by shelling out the extra wages, then maybe they should be discussing good customer service with their employees so that they get tipped.
We (you and I)weren't there, and are depending on third party subjective 'testimony'.

They (the college students arrested)are clearly going to cast the server in the worst light piossible. Thus, their histrionics are probably exaggerated for public consumption.
That the City Police opted for arrest, rather than meteing out some sort of 'instant karma' gives credence to the possibility that there are facts that escaped the newspaper's notice/agenda.
Without some sort of unbiased verification as to the events, and that's what Courts are for, I'm going to go with what has been my experiences on all sides (Customer, Server & Merchant) of this debate, I'm going with "No,Scott"..</Dr.Evil>
Seriously, most young adults, starting in the late '70's , has seen the "Tipping / Gratuity" thing from the wrong end of the stick. Until they work as a Wait-person.
I'm not saying you (as a Server) shouldn't strive for top notch service at all ttimes or get the fuck out, but as long as the Tips in Lieu of Minimum Wage- Slave Business model exists, it is wrong to not pay that server their earned Tip-wage.
BECAUSE.....I may be making a mountain out of a molehill. I may not have expressed my needs effectively. They may be having problems I know nothing about, that are out of their control, they may not have been trained correctly...
Do I really think that by withholding that $10.00, it's going to cause Real Change?
That notion is so ego-centric as to be insane. The only way that really happens if if the mangement cares enough to listen to you articulate your problems, but withoholding
The Tip as a punitive move is so BaldHead-20th Century. All you need is a Big Cigar and a Cartoon nose to go along with that image.
'Every Man For Himself' seems to be the call heard here most.
And it will be the end of us all.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
We (you and I)weren't there, and are depending on third party subjective 'testimony'.

They (the college students arrested)are clearly going to cast the server in the worst light piossible. Thus, their histrionics are probably exaggerated for public consumption.
That the City Police opted for arrest, rather than meteing out some sort of 'instant karma' gives credence to the possibility that there are facts that escaped the newspaper's notice/agenda.
Without some sort of unbiased verification as to the events, and that's what Courts are for, I'm going to go with what has been my experiences on all sides (Customer, Server & Merchant) of this debate, I'm going with "No,Scott"..</Dr.Evil>
Seriously, most young adults, starting in the late '70's , has seen the "Tipping / Gratuity" thing from the wrong end of the stick. Until they work as a Wait-person.
I'm not saying you (as a Server) shouldn't strive for top notch service at all ttimes or get the fuck out, but as long as the Tips in Lieu of Minimum Wage- Slave Business model exists, it is wrong to not pay that server their earned Tip-wage.
BECAUSE.....I may be making a mountain out of a molehill. I may not have expressed my needs effectively. They may be having problems I know nothing about, that are out of their control, they may not have been trained correctly...
Do I really think that by withholding that $10.00, it's going to cause Real Change?
That notion is so ego-centric as to be insane. The only way that really happens if if the mangement cares enough to listen to you articulate your problems, but withoholding
The Tip as a punitive move is so BaldHead-20th Century. All you need is a Big Cigar and a Cartoon nose to go along with that image.
'Every Man For Himself' seems to be the call heard here most.
And it will be the end of us all.

Calling it "Tips in Lieu of Minimum Wage" is false. The server will ALWAYS make at least minimum wage. If they are shitty, they get minimum wage. If they are awesome, they'll usually make quite a bit more. Welcome to the SERVICE industry. You really are quite dense.
 

spacelord

Platinum Member
Oct 11, 2002
2,127
0
71
LOL at some of the uploaded pics of the Pub on yelp.

funny.. as I just read this post I went back and looked at the pics.. I saw 3 extra pics.. one of a guy shooting himself in the foot... another of a guy on the ground getting cuffed by the po po... as quick as I was looking at them they were being removed from yelp. within seconds...hahah
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
And if the servers at the restaurant believe that because they're going to get a gratuity anyway and don't give a shit about giving good service, then they're a douche also. If they want the cash, give the service. That's why I leave as soon as I see the part about a mandatory tip. I will not pay someone to be a prick.
I hear ya, people do that for free every waking minute.
No where in my diatribe have I innoculated anyone from giving their best at their job.
Your tendancy to link these two issues that conflate and confuse the issue is part of the reason Wage Payers have gotten away with this loophole that allows them to Cornhole their staff.
As I've said before to staff... "no one complains when someone overtips, and there is a lot of underreporting that goes on", and I'll repeat it here in the hopes some man-child (ATOTOT user) will learn a bit about comporting themslves in public, any "service" issue is best handled with the floor manager, at the time of the incident and AFTER EATING (avoid phleghm that way).
But Walking on a "Group" bill can be construed as an attempt to "Defraud an Innkeeper" or similar statute.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Calling it "Tips in Lieu of Minimum Wage" is false. The server will ALWAYS make at least minimum wage. If they are shitty, they get minimum wage. If they are awesome, they'll usually make quite a bit more. Welcome to the SERVICE industry. You really are quite dense.
I may be dense, but I can see through the Bullshit you seem to want to run cover for.
I've seen it happen at clubs and resturants I've worked for and I know of what I speak. The accounting will show that they were "paid", but that amount is always based on an Estimated Tip Amount.
Anyone that doesn't pay the Tip's minimum estimated relies on some one else to pay the freight. And that ends up screwing the Server because there will be an uncollected amount due The Fed's for that.
The Net Effect is that if you only tip the minimum, the Server is 'credited' with earning the minimum wage. Anything more than that relies on the accuracy of Server Reporting on taxes, but I digress.
Not that dense,after all.

See sig for clarification of position.
 
Last edited:

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
I may be dense, but I can see through the Bullshit you seem to want to run cover for.
I've seen it happen at clubs and resturants I've worked for and I know of what I speak. The accounting will show that they were "paid", but that amount is always based on an Estimated Tip Amount.
Anyone that doesn't pay the Tip's minimum estimated relies on some one else to pay the freight. And that ends up screwing the Server because there will be an uncollected amount due The Fed's for that.
The Net Effect is that if you only tip the minimum, the Server is 'credited' with earning the minimum wage. Anything more than that relies on the accuracy of Server Reporting on taxes, but I digress.
Not that dense,after all.

See sig for clarification of position.

Mmmhmm...If a server claims all tips, and doesn't make minimum wage, they have a DOL case. If a server does not claim all tips, and gets no tip because they suck, and does not make minimum wage, they end up getting fucked. I'm still not feeling sorry for them, because it's either defrauding the IRS or having an inane sense of entitlement.

Your sig is...well, this isn't P&N, we won't get into that. By the way, you really need to work on the clarity of your thoughts, because your writing is very weak.
 

Delita

Senior member
Jan 12, 2006
931
0
76
Mmmhmm...If a server claims all tips, and doesn't make minimum wage, they have a DOL case. If a server does not claim all tips, and gets no tip because they suck, and does not make minimum wage, they end up getting fucked. I'm still not feeling sorry for them, because it's either defrauding the IRS or having an inane sense of entitlement.

Your sig is...well, this isn't P&N, we won't get into that. By the way, you really need to work on the clarity of your thoughts, because your writing is very weak.

But he uses big words!
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Mmmhmm...If a server claims all tips, and doesn't make minimum wage, they have a DOL case. If a server does not claim all tips, and gets no tip because they suck, and does not make minimum wage, they end up getting fucked. I'm still not feeling sorry for them, because it's either defrauding the IRS or having an inane sense of entitlement.

Your sig is...well, this isn't P&N, we won't get into that. By the way, you really need to work on the clarity of your thoughts, because your writing is very weak.

Nice attempt to make it personal.
Regardless, that adolescent display of emotion neither refuted any of my contentions, nor did your psudeo intellectual dissection add anything to the discussion except to divert from the point in general.
Your defense of practices you obviously have no experience with is not strong.
You can "read the law" but that's a long way from day to day business practices.
And the next time you short tip a server, you can blame it on me.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
[/b]
Nice attempt to make it personal.
Regardless, that adolescent display of emotion neither refuted any of my contentions, nor did your psudeo intellectual dissection add anything to the discussion except to divert from the point in general.
Your defense of practices you obviously have no experience with is not strong.
You can "read the law" but that's a long way from day to day business practices.
And the next time you short tip a server, you can blame it on me.

Haha, it was in no manner an attempt to personalize this. It really was difficult following your thought process through your writing.

I deal with workplace law on a daily basis, so...please, help me understand. Oh, I was a server for 2 years, and I reported all of my tips.

And, again...love the use of big words in trying to make your points. Pulchritudinous!
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Haha, it was in no manner an attempt to personalize this. It really was difficult following your thought process through your writing.

I deal with workplace law on a daily basis, so...please, help me understand. Oh, I was a server for 2 years, and I reported all of my tips.

And, again...love the use of big words in trying to make your points. Pulchritudinous!
They're only big if they're new.
One can only assume the beauty to which you refer is in it's nuance.
Otherwise it may be your fonts.
Thankyou, regardless of your sarcasm.
Dealing with workplace law and BREAKING workplace law are two different things.
You reveal yourself to be on aside that would not be privy to such shenanigans.
Just because it didn't happen to you, doesn't mean it never happens.
You could substitute "Club Owners" For "lawyers" in That Shakespeare Line and I'm cool with it.
 
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