I don't make minimum wage...PLEASE READ!

Question

I work at a family owned Middle Eastern restaurant and have been working there since June, 12 of this year. I waitress for $2.65/hr tips and occasionally hostess for $7.00/hr no tips. I work with 1 of 3 other waitresses who work there, and it switches who I work with each time. I basically work 'on call', i have no schedule i just go in whenever they need me and if I'm lucky I find out the day before when I'm working the next day, but usually it's a call at 10:30 telling me when to come in (usually 11:30) or if it's like today it's at 12 noon and they are saying "did you forget you have to work today? (no, cause no one called me or told me..) well can you come and be here in less that a half hour". This sucks for me because I can never plan things, I have asked for a schedule a couple times and he just tells me he is working on it... So when I do go in, I don't even know why they need me. This is how yesterday went: 2 people come in, I give them menus, get their waters and the other waitress takes the waters from me, says "oh thank you" and takes their order. That happened at least 3 times yesterday. She took at least 10 tables and I had 3, maybe 2. Obviously I'm not making anything at all in tips. And today at lunch (i just worked 12:30-2), I made $4, the other waitress made at least $25. Oh yeah and sometimes people give tips for carry-out. This guy gave a $1.50 tip and the other waitress took it because she rang up the order, but I was the one who bagged everything and even took the order on the phone... I seriously feel like breaking down and crying everytime I work (I'm depressed also). I think the only reason they have me is so that I can help the other waitresses (take plates to people, answer phones, pack the carry out), but I DON'T MAKE ANY MONEY DOING THAT. Ok, well my real question is what should I do, I am leaving August 28 for college and they know that, so I don't want to quit before hand. And what can I do legally about not getting minimum wage? I make like $5/hr usually if you add my tips to my "paycheck' (I get paid in cash under the counter). I know I won't do anything because I don't want to get them in trouble, but want to know what i could do.

Thanks for reading i know it was long

Answer 1

Waiter/Wiatressing is not covered by the Federal minimum wage law (it is an exempt category).  Your only option would be to talk to the owner about dividing the tables fairly.

Answer 2

Get another job.

Wait staff never make minimum wage due to tips.  If you are never on the schedule to work...then why stay there?

If you are always on call, then they should be paying you something even if you do not go in to work...if I remember correctly, the state I live in has a law (or something) that says if an employee is "on call" they must be paid so much an hour.  

Answer 3

Waiter/waitressing is not covered under the minimum wage law.  Also, small companies with less than a certain number of emloyees are exempt from paying minimum wage to their employers if they can show that it will cause them a financial burden.  The restaurant probably falls under this and therefore, you cannot do anything about it.

Answer 4

Why would you work for a bunch of indians. Quit and work at a good place.

Answer 5

if you are making less than minimum wage including tips - the employer is REQUIRED to make up the difference and pay you additional money to get you to min wage - tell them that and if they refuse - when you leave  report the old place to the IRS and state dept of labor - what they are doing is ILLEGAL - don't put up with it - go thru you paychecks and see how much they owe you since the beginning of the year to get you to min wage

Answer 6

Your working  illegally (under the counter) you want them to pay you legally........sorry can't help you.....

Answer 7

Wait staff has a lower minimum wage.

It's not fair, but life is not fair either.

I think it is in your best intrest to seek employment elsewhere.  Try the chains.  You have experiance working the floor, now you need to work where there is a little better structure.  Small houses can be murder to work for.  The chains are sometimes stifeling with all the corporate rules but it will be a better fit for you.

Good Luck!!