Can a restaurant owner be a server at his own restaurant legally?

Question

I ask because where i work one of our servers is one of the owners. He ends up picking and choosing which parties he wants to serve and many times take twice as many tables as the other servers. He spends all night sending other servers to get stuff for his tables, run his food, bus his tables, etc. At the same time we have to work our own tables. Anyone who has complained about it ends up quitting because the owner/server becomes very hateful.He always gets his way because hes the owner and wont let you forget it.

thanks

Answer 1

I can not imagine any reason as to why it would not be legal to work in your own restaurant.  

Does he share the tips that are received or keeps those himself?  Does everyone get their own tips or share them?  And is there sharing with busboys?  If he does not share then it is the pitts and you might want to consider working someplace else if he takes the best tables.  Most often the owner doesn't work the tables as he is at the register taking the money or just running things to se that all goes well.  

But the owner is the boss.  And  you can suffer through it or find another place to work.  I trust that the owner has all the TB tests, etc. as any employee working in the restaurant should have.  If didn't, then could be a problem working there but can't imagine that he doesn't meet all the guidelines that he has the employees doing.  

The only time when an owner might be restricted is a place has a union and then the union contract could restrict the work be done by the union members.  But very few union restaurants and I'm sure this is not one of them.   It would be rare to see a restaurant where the owner did not do some work there.  But it seems foolish for him not to work the register to control the money.  Can't do everything.

Good luck to you as  you make decisions.  Tips are a bigger issue than pay in most restaurants.

Answer 2

Well, hello you own the place.

As long as your not causing any commotion or breaking the law then your fine.

Answer 3

his money, his right to run the business as he sees fit.

why would you think otherwise for even a second?

Answer 4

He can do it legally.  If everyone would quit, he would stop doing it.  Find a job where the boss doesn't try to abuse his workers and steal the best tips.

Answer 5

Yes. He's the owner, so he can do whatever he wants, within legal limitations.

Answer 6

You answered your own question at the end. Because he is the owner. There aren't any laws that he is breaking in his own place of business. Don't follow the others that  hate this way he runs his business. Instead, saddle up next to him, be his shadow, learn from him

Answer 7

Legal but he is an idiot.

Happy servers make for happy customers. Customers can smell unhappy servers from a mile away even if the server is being chipper. They can also sense that something is amiss when an owner is waiting on tables. The owner is supposed to be the manager overseeing all aspects of the operation. A place that has the owner routinely waiting tables appears to be shoddy and not well run. Then add in the perception of why tip the owner (or how much) when he makes money on just the meal itself.

With this going on an owner is not going to retain those really good people who can multitask, up sales and build some customer loyalty. So basically this guy is a shortsighted fool trying to save a bit of money on labor when he could be making more money by having a good staff and running his place.

I have seen a few places go under because of all of this. One place also did not realize the major danger. If you are an owner and someone complains to the labor board they go to town and the IRS gets involved. If a place is shoddy enough to have this going on they always find some problem in the books.

Another place got hit hard with discrimination. Yes it the owners right to dictate whatever. But in this place the owner was cherry picking tables and parties. The person who made it happen was not a black young/old person. It was a 20 something white guy.

You probably should just find another job if you can.

Answer 8

it is HIS place - he can do whatever he wants whenever he wants...you don't have to work there.  

Answer 9

Ah the joy of being an OWNER!

Answer 10

yes the owner can serve if he wants , and treat the employees poorly if he chooses , thats how a capitalist society works , if i bought the place where i work i could bully everyone around too , but i dont have 50 million or whatever the place costs