The Weekend File - February 10, 2018

Trump Seeks to Undo Protections for Tipped Employees

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Under the Obama administration’s 2011 regulations, tips, according to the Fair Labor Standard Act, are considered the “property of the employee,” specifically service-facing employees such as waiters, bussers and bartenders. Tips can be shared in a valid tip pool only among those employees but not with dishwashers, cooks, chefs and janitors, who are paid at least the federal minimum wage ($7.25 an hour) and therefore aren’t customarily tipped.

As it stands in Texas and most states, employers may take a “tip credit,” allowing them to pay their tipped service-facing staff less than the minimum wage, at $2.13 an hour, as long as workers' tips will bring that hourly pay up to $7.25. For some servers, a busy night could yield well more than that.

The Trump administration’s proposal would allow restaurants to keep tips for themselves or force waitstaff to share them with untipped workers such as cooks, dishwashers and other back-of-house employees.

Read the entire article at the Dallas Observer

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