How much of this is legal?

[DigitalBuddha]

What is the name of your state (only U.S. law)? Pennsylvania


I worked at a Hibachi/Sushi restaurant. I split 50% of my tips with chef & sushi chef. Then out of my 50% 10% more goes to bar staff & buss boy. My portion of tips is taxed and paid in check bi-weekly - chefs get tipped out in cash at the end of each shift. Could this mean they are not paying taxes?

My pay stubs have never had on them my rate of pay nor my hours worked. I've asked them to put it on.

My tips are ROUNDED to the nearest whole dollar amount each night resulting in in-accurate and unpaid wages.

Ownership comments on my weight and appearance regularly. "too fat, too skinny, need to put on make-up."

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania


I worked at a Hibachi/Sushi restaurant. I split 50% of my tips with chef & sushi chef. Then out of my 50% 10% more goes to bar staff & buss boy. My portion of tips is taxed and paid in check bi-weekly - chefs get tipped out in cash at the end of each shift. Could this mean they are not paying taxes?

My pay stubs have never had on them my rate of pay nor my hours worked. I've asked them to put it on.

My tips are ROUNDED to the nearest whole dollar amount each night resulting in in-accurate and unpaid wages.

Ownership comments on my weight and appearance regularly. "too fat, too skinny, need to put on make-up."

You having to give half of your tips to anyone in the kitchen staff is very questionable, and extremely uncommon, but maybe is not illegal. You tipping out the bar staff and bus boy is very normal. I am guessing it is not illegal unless you are not getting at least minimum wage per hour between wages and the tips you get to keep.

Your pay stubs not including your hourly rate and hours is VERY improper and possibly illegal. I suspect that they are making you turn in all of your tips and then including them in your check is to make sure that you have enough of a check to cover all of the necessary tax withholdings.

I suspect that the chefs not having that same requirement is because they have enough of a check just with their wages that its not a problem, but they also might be letting them have those tips under the table, which would definitely be illegal.

All I all, if I were in your shoes I would be looking for another job.

 

[HRZ]

TIppng out kitchen staff is highly questionable ...from federal factsheet 15 : Tip Pool: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), bussers, and service bartenders. A valid tip pool may not include employees who do not customarily and regularly received tips, such as dishwashers, cooks, chefs, and janitors.

 

[DigitalBuddha]

You having to give half of your tips to anyone in the kitchen staff is very questionable, and extremely uncommon, but maybe is not illegal. You tipping out the bar staff and bus boy is very normal. I am guessing it is not illegal unless you are not getting at least minimum wage per hour between wages and the tips you get to keep.

Your pay stubs not including your hourly rate and hours is VERY improper and possibly illegal. I suspect that they are making you turn in all of your tips and then including them in your check is to make sure that you have enough of a check to cover all of the necessary tax withholdings.

I suspect that the chefs not having that same requirement is because they have enough of a check just with their wages that its not a problem, but they also might be letting them have those tips under the table, which would definitely be illegal.

All I all, if I were in your shoes I would be looking for another job.

You and I are on the exact same page. I have already left that job as I was working 12 hours a day 5 days a week. I was working more than 40 hours a week but my pay stubs never seem to reflect over time pay. I have never had a position where I could not trust my employer so I did not study my pay stubs too hard. I did not track my own hours therefore I can not prove how much I actually worked. (Even though I know I worked 10:30am - at least 10pm each night) I realize now how detrimental a mistake this was.

Combine this with my many other complaints and you've pretty much got slavery. I couldn't even sit down the entire day.

I understand extreme work conditions, but at least remain ethical in the remainder of the business practice.

Finding another job seemed impossible and futile as all I wanted to do was rest when I finished each shift.

This business is owned by Asian-Americans. Their work ethics do not quite coincide with American standards.

My goal is not to recoup any loss from this but merely to ensure things like this do not happen to other, helpless, people. I just need to figure out how. I was told on another forum that it is none of my concern if the chefs do not pay taxes. They must have been kidding.

 

[eerelations]

Legally speaking, it isn't any of your concern whether or not chefs (or anybody else for that matter) pay taxes. You may report them to the IRS if you wish, but what happens after that (if anything) is completely up to the IRS. You will be out of the loop. And that's perfectly legal.

 

[LdiJ]

Legally speaking, it isn't any of your concern whether or not chefs (or anybody else for that matter) pay taxes. You may report them to the IRS if you wish, but what happens after that (if anything) is completely up to the IRS. You will be out of the loop. And that's perfectly legal.

I agree, however you can report them for forcing you to share 50% of your tips with the chefs.

 

[DigitalBuddha]

I agree, however you can report them for forcing you to share 50% of your tips with the chefs.

I agree with both above statements. Thank you both very much.

 

[ecmst12]

Are sushi chefs considered kitchen staff? I think they are customarily tipped employees when working at a sushi bar.

 

[LdiJ]

Are sushi chefs considered kitchen staff? I think they are customarily tipped employees when working at a sushi bar.

They are still kitchen staff. I have never known them to be tipped. They are well paid.

 

[PayrollHRGuy]

I've been to Sushi places all over the US and they have all been tipped employees. Much more like bartenders than chefs.

 

[quincy]

They are still kitchen staff. I have never known them to be tipped. They are well paid.

Sushi chefs are generally NOT considered part of the kitchen staff. They usually prepare the sushi at the bar/table. Therefore they are generally tipped.

From the US Department of Labor, an Opinion from 2008 on sushi chefs and teppanyaki chefs and tipping:

https://www.dol.gov/whd/opinion/FLSA/2008/2008_12_19_18_FLSA.htm

 

[LdiJ]

Sushi chefs are generally NOT considered part of the kitchen staff. They usually prepare the sushi at the bar/table. Therefore they are generally tipped.

From the US Department of Labor, an Opinion from 2008 on sushi chefs and teppanyaki chefs and tipping:

https://www.dol.gov/whd/opinion/FLSA/2008/2008_12_19_18_FLSA.htm

OK then we are not talking about the same thing. I have never eaten anywhere where sushi was prepared at the table. I have eaten at Japanese restaurants where the food was cooked in the center of a large table with 8-12 diners at the table, but in that instance, the waiters only took drink orders.

 

[quincy]

OK then we are not talking about the same thing. I have never eaten anywhere where sushi was prepared at the table. I have eaten at Japanese restaurants where the food was cooked in the center of a large table with 8-12 diners at the table, but in that instance, the waiters only took drink orders.

Right. You are not talking about the same thing.

 

[PayrollHRGuy]

Little rule about Sushi. Never eat any that you didn't see prepared.

 

[ecmst12]

You must not eat sushi if you've never seen a sushi bar.