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this post was submitted on 11 Dec 2023
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Ok so you've never done it. That's OK, I understand that you're describing how it's supposed to work, and it's easier to blame the victims of theft for not fighting back hard enough.
But that's not what happens next.
What happens next is usually nothing. Maybe the restaurant gets a warning, or maybe the restaurant shuts down and the owners invest in a different location. If you're very lucky, there will be enough evidence for several employees to go to court as a group, and the lawyer will make a bit of money while everyone who worked there will eventually get a check for half a month's rent. If you're unlucky, the employer figures out you reported them and retaliates.
The department of labor doesn't have the resources to go after every employer stealing wages, much less investigate every report of retaliation. Employees have extremely slim chances of ever seeing a fraction of what is owed, and restaurant owners almost never have to pay what they owe. 60% of restaurants fail within a year, and that number is 80% by year five. When they fold, they don't leave behind a fund to pay out pending litigation liabilities.
First off, if what you are describing is based on personal experiences, then I am truly sorry that it happened to you. Secondly, what you say about victim blaming doesn't sit well with me. I feel nothing but rage towards the companies that would steal wages from their employees. My girlfriend in a past life worked at small-town Frisch's that regularly took advantage of their employees. They weren't just stiffing them on compensation for inadequate tips, they also constantly told them they had to clock out at closing time and clean up after. I hope their management rots in hell. After all, they did this just to save a few bucks for their regional restaurant chain while screwing over their own team.
My point, which I admit, was better articulated in other strings of this post, is that saying $2.13/hour is the tipping minimum wage is absolutely unacceptable. The federal minimum wage is $7.25 for everyone. If you are a tipped employee who is not making $7.25/hour after tips, your employer is stealing from you. Everyone deserves to know this, and by repeating the incorrect claim that $2.13 is somehow legally acceptable, it normalizes behavior like the theft against someone whom I had a close relationship with.
I understand that sometimes the system doesn't work as intended. I wish this wasn't the case, but what you say about groups of employees winning anything against their abusive employers gives me hope. These employers don't deserve to get away with it. However, when you say that the majority of restaurants fail within a year and the vast majority is closed within 5 years, it sounds like an argument that this behavior is somehow necessary for their survival. I don't agree with that. I believe that any company who cannot adequately compensate their employees, should not be in business. Everyone is entitled to a fair wage (but seriously, a $7.25 minimum wage is not enough to live off).