Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
legal: waitress wages being debated
#1
I was injured at Applebees on June 24 2010. They have only paid me 50.00 thus far and are fighting me/my lawyer on anything and everything. I make 2.63 an hour plus tips. When I got hurt I requested my vacation pay which Applebees human resources calculated at 13.98 an hour (based upon avg hourly reported.) However, Applebees has been sued in the past years over side-work time. Meaning when a waitress is asked to "wind down " (cut)and stop taking tables he/she still has customers who are not done dining and there are odd jobs/cleaning/restocking that must be done called side-work, so they cannot just leave. At times one works between one and two hours for 2.63 an hour (during these clean-up times and setting up before the restaurant is open or is closed) which is illegal because it is not the minimum wage. So having to do with workers comp - in reality my hourly wage is probably more like 19 dollars an hour as a five hour shift can require an hour and a half at least of off floor time. (no tips). How can I approach this and if their was a lawsuit in the past on this shouldn't it have stopped? State MA
 
Reply
#2
Well first I am going to ask a point blank question,...Have you every day every shift reported every penny you made in tips? or did you just report a % of your sales?if you reported every penny then you are getting the right pay.......
Any of us who has waited tables knows side work is part of the job.....If you didnt report every penny then you are not getting the right pay but you have only your self to blame......
........I love cats, I just cant eat a whole one by myself......







 
Reply
#3
jayne Wrote:Well first I am going to ask a point blank question,...Have you every day every shift reported every penny you made in tips? or did you just report a % of your sales?if you reported every penny then you are getting the right pay.......
Any of us who has waited tables knows side work is part of the job.....If you didnt report every penny then you are not getting the right pay but you have only your self to blame......
 
Reply
#4
Jayne,
Yes, I have reported everything. In fact I have received calls from corporate because they assumed my 30% tip ratio was incorrect at times. I also mentioned that I work at Applebees because their is a nationwide class action lawsuit regarding inaccuracies that exist in their system. But in any event my point is the workers comp insurance company is trying to only credit me the 2.63 an hr. which makes no sense since Applebees itself gets the percentage difference thru The Dept of Labor and FLA in tax regards. Under the law side work can make up only 20% of time worked Applebees is notorious for otherwise hence the class action suit. Thank you for your interest Smile
 
Reply
#5
Income tax records surely would clear the pay scale rate right up in this matter.

You can go the you local Social Security Office, and ask for proof of wages for last year and this year.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#6
if you were honest in your reporting then make em pay you....you may need a lawyer
........I love cats, I just cant eat a whole one by myself......







 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Is it legal? tinainky 4 504 03-30-2019, 05:47 PM
Last Post: tinainky
  Compensation for lost wages in NC NCgaurdsman 2 1,212 10-27-2017, 12:54 PM
Last Post: 1171
  Waitress in NY NY waitress 1 893 07-25-2015, 11:56 AM
Last Post: 1171
  CA Alternative Work wages and hours question Poseid Atlantean 4 2,829 07-24-2015, 11:55 PM
Last Post: 1171
  Missing cartilage need help with wages. Chipped 3 2,930 06-07-2013, 01:00 AM
Last Post: 1171
  wages jackie 5 4,227 12-07-2012, 04:19 PM
Last Post: hurt back
  Pre Injury Wages Cervical_Fusion 1 6,279 11-04-2012, 06:29 PM
Last Post: 1171
  Calculating wages received for teachers Labyrinth 11 19,651 09-04-2011, 10:33 AM
Last Post: Labyrinth
  Is a pre-date legal? bodybuilder1958 2 4,230 04-26-2011, 03:40 PM
Last Post: 1171
  Offset of wages freebird 1 4,194 09-02-2010, 06:26 PM
Last Post: Bad Boy Bad Boy

Forum Jump:


Browsing: 1 Guest(s)