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    Court won't review ruling on tipped employees

    WASHINGTON (AP) — The Supreme Court will allow bartenders and servers who make part of their money through tips to file lawsuits for more money when they do work that doesn't involve tips.

    The high court refused to hear an appeal from Applebee's International, which wants to overturn a lower court ruling.

    Restaurants consider tips as part of some employees' salary to get the pay up to the minimum wage. But if a worker spends 20 percent of the time doing general maintenance and preparation work, they currently get full minimum wage.

    Gerald Fast and others sued, saying that opening and closing restaurants, as well as cleaning and stocking, consumed significant work time and Applebee's should pay them additional wages. The lower courts refused to dismiss the complaint and the high court agreed.

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    29 comments

    • Steve  •  4 months ago
      How sad is that. Trying to get out of paying someone minimum wage for an hour or two. God Bless America.
      • Granny B 4 months ago
        thats what makes the rich, richer and the poor, poorer...its the republican way...
      • TuffTee 4 months ago
        I know a few bartenders who make 300a nite in tips
      • Slug Munchies 4 months ago
        How can "god" be invoked in any way - if he existed, and he had any power to actually do or affect ANYTHING, then "he" would have prevented these decisions in the first place.

        Odd how Republicans are the most religious... AND the most inclined to deprive you of money and resist helping people who are down (welfare). On the other hand, virtually every Atheist I know is a "liberal" who does believe in helping everyone.
    • JohnG  •  4 months ago
      We gave up on Applebys a couple of years ago. The service was awful.
      Minimum wage is just that. Letting a restaurant pay less is criminal.
    • clint  •  4 months ago
      This is a B/u/l/l/s/h/i/t law anyway. Tips are extra and always should be. Its incentive to do a rotten, thankless (in most cases) job that involves catering to all the ignorant, pathetic Americans we call our customers. Restaurants that don't pay a full wage to start with should be boycotted.
    • Drew  •  4 months ago
      Could have used this when I was a kid working in a restaurant that considered tips to be part of my wages. I was a cook and the only "tip" I ever got was a quarter and the wait staff wasn't required to share their tips. Nope. Just a cheap #$%$ boss who didn't want to pay min wage.
    • Supergeek  •  4 months ago
      As a restaurant server myself,I have to say this is HUGE! I,and many others in the restaurant industry,work for less than $3.50 an hour because the employers expect us to make up the difference in tips. At the small diner I work at this is seldom the case. Some of us spend a good deal of our shift restocking supplies,cleaning restrooms,sweeping,mopping,etc. All for $3.25 an hour. I know--you say "Get a better job!!". Problem is I LIKE my job. I've worked better paying jobs that I hated--so what's a girl gonna do?!
    • prefer a horse!  •  4 months ago
      Tips SHOULD be over and above wages.
    • oldman  •  4 months ago
      We should have Congress working for tips - to get them up to minimum wage.

      Instead of the "tipping" that is cranking out millionaire congressmen.
    • Deemo  •  Canton, United States  •  4 months ago
      Many states allow a "tip credit" to restaurants. Basically that means they can pay less than minimum wage because the tips offset the difference. However, after having worked in restaurants for many years to get through college, I know how this system can be abused. For instance, one of the places I worked in made servers wait for their section to open before they started getting an hourly wage. We had to stay there for two hours, and if the section didn't open, we could leave without being paid. The company was sued by the Feds and had to pay all of us back pay for all of those shifts, PLUS the pay was for four hours, not two. This is because of a State law that said show up pay was for a minimum of four hours. I was in grad school and got a check for several thousand bucks. Boy did that come in handy.

      Restaurant workers got used to working without breaks or lunch/dinner time off because customers don't work around such things. In a way I understand that. My philosophy was that if you don't want to do the job that way, don't take it. That's changed somewhat. The chance for employees to get screwed is just too great. However, I think someone who is working in this capacity should have the sense to know that you can't just say "I'm on break" when the place is jamming and customers need assistance. It's a tough call, but I think the lower Court made the right call, and the Supremes were right not to consider overturning the ruling.
    • matt  •  Provencal, United States  •  4 months ago
      applebees corporate policies are skewed to screw their employees at every turn, just ask a server some time, you'll see.
    • budkit1  •  4 months ago
      About time somebody stuck up for the employees of the want to be famous
    • mike oxbig  •  4 months ago
      Chains are managed by corporate pigs. Shareholder wealth and no corporate responsibility is the name of the game. They can get F'd.
    • jason  •  Las Vegas, United States  •  4 months ago
      If you work for an hour stocking ice or cleaning restrooms you get minimum wage. Hell you should get minimum wage period tip or no tip. Tips are extra and the 'company' dosent control how much or how often the employee gets 'tips' What if you have no customers? Applebees is overpriced anyway. All that profit must be going to the executives. Sounds like Mr CEO has the same choice as the Unions do. Make less and save the company. or stick with your fat check and watch the company fail. Boycott Applebees
      • Malaka 4 months ago
        So servers should get full minimum wage + tips yet the cook should get minimum wage and nothing else? You have obviously never worked in the service industry. People making tips get far more than minimum wage already. Some days may be slower than others, but in my many years of tip-based customer service work I absolutely NEVER went below minimum wage. Heck that is even during snow storms and virtually no business. At the end of the week I was ALWAYS ahead. Provide great service, get great pay. That being said, I do agree with this court ruling. If I am expected to work at lower than minimum wage, then my work hours should be tippable hours only. If you want to take away 2 hours of significant earning potential a day, then I should AT LEAST be given minimum wage for those 2 hours each day.
    • Lorrie  •  Phoenix, United States  •  4 months ago
      Here in AZ servers and bartenders make $3.50/hour plus tips, my daughter in law is a server at chili's and the restraunt closes at 11pm however, she is there closing (cleaning, stocking etc till 1am) and only gets $3.50. Top that off with folks who have a dinner bill of $60+ and tip less than $5 lets see that makes that hour worth what $5? no where near minimum wage..... Now that is just plain wrong.
      • Supergeek 4 months ago
        Sadly,this is happening everywhere. I'm in the same boat myself. I've also seen way too many groups that spend big bucks for food/drinks and service,but can't be bothered to tip 15%--much less 10%!! I normally spend at least an hour or more of my shift cleaning & stocking supplies as well. Let's hope someone (the GOVT.?) can change this nationwide.
      • Malaka 4 months ago
        $3.50 + $5.00 = $8.50 That's well above minimum wage Lorrie, even if that is your ONLY table for that hour. My worst incident was delivering 100 pizzas to a huge sorority rush week event at Dartmouth College. 2 trips... on time... Service with hustle, free setup at their event, great positive attitude and a smile. Two dollar tip... Sometimes people can be so clueless. That same hour I got a $10 tip on 4 sandwiches. $12 tip for that hour + $2 pay = $14/hr STILL pretty dang good!
      • Kilgore Trout 4 months ago
        Malaka, the tax that the server pays will be based on the $60 bill of the patron not on the $5 that the server actually received.
    • hunyak78  •  4 months ago
      This is terrible news, the price of chicken wings and potato sticks may go up.
    • Joey JoJo Shabadoo  •  Chicago, United States  •  4 months ago
      Want better tips? Bust your tail! All three of my sisters make over $50 a year (I do their taxes) working at IHOP, Applebee's and a popular local pizza place. How? They don't have piereced faces/tattoos, smell like cigarettes, and they are all over the customer. You don't have to wait for refills, they make sure to get every order just right, smiling all the time, and they listen well. Effort is what makes tips, and they regularly get %20+.
      • brainsaladsurgery 4 months ago
        You're totally missing the point........
      • Kilgore Trout 4 months ago
        They probably have nice #$%$ too.
      • mike oxbig 4 months ago
        Nice handle from the Simpsons....... And your sisters are schmokin' pole not waiting tables.
    • Daniel  •  Miami, United States  •  4 months ago
      If it's a salary, then it's not a tip, if it's a tip, then it's not a salary!
      A tip is a gift! Customers give you tips, companies pay you wages!
    • Buck  •  4 months ago
      We should do away with tipping - and the tipping law - altogether. Pay the employees a decent wage and if you have to raise the cost of a meal, so be it. That way the customer knows exactly what the bill is going to be and the employees know exactly how much money they are going to make per hour. If the wait staff provides bad service hopefully the owner will take care of business before he loses his.
    • steve  •  4 months ago
      And Mitt payed "about 15%" on 250 Million ??
      • Malaka 4 months ago
        And his 37.5 million in taxes paid is STILL more than you will ever pay in your lifetime.
    • Yankee Imperial Capitalis ...  •  4 months ago
      tips are based on exceptional service above and beyond what i do at home every day and much better than any restaurant.
    • Brenda M  •  Los Angeles, United States  •  4 months ago
      salaam,
      Life was about filling basic needs in accountings may vary from month to month yet wage granted should not be decreased ,,,when increased,,,governmental entity was to be certain that povery did not gain a foot hold upon society

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