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> And now that they aren't taking the tip credit for waitstaff, that money can be combined into a tip pool and shared with the back of the house, who can then h
by chimeracoder 3y ago
> And now that they aren't taking the tip credit for waitstaff, that money can be combined into a tip pool and shared with the back of the house, who can then have their wages lowered by the expected share of the tip pool.
Not only is this is completely orthogonal to the change in law that's being discussed, this is also already illegal. Tipped workers in Illinois (and most states) cannot be forced to share tips with untipped back-of-house staff.
- HWR_14 3y agoI'm not aware of Illinois law, and maybe it is different there. (Edit: As of now, , I see no evidence this is a special Illinois law, instead of being the US law discussed below. I continued the thread because maybe someone can show a citation.) US federal law says that tipped workers cannot be forced to share tips with untipped back-of-house staff unless the tipped workers are paid normal minimum wage. In which case all non-supervisory staff can be added to the same tip pool. It does not matter for the federal law if the "normal minimum wage" was legally required or optional. As for orthogonality, the question was "is the first $6.80/hr of tips subsidizing employer wage obligations". If the server is getting more money from the employer but the chef is getting more money from the servers and less from the employer, it's just an accounting change and the total takehome pay of waitstaff, chef and management/owner remains the same.
- chimeracoder 3y ago> I'm not aware of Illinois law, and maybe it is different there. US federal law says that tipped workers cannot be forced to share tips with untipped back-of-house staff unless the tipped workers are paid normal minimum wage. In which case all non-supervisory staff can be added to the same tip pool. Okay, but we're talking about Chicago, which is in Illinois, and in Illinois this is illegal.
- HWR_14 3y agoI haven't found any evidence that it is illegal in Illinois. It was legal after the Illinois laws around tips were changed in 2020. It was illegal when they were paid subminimum wage. If you think it's still illegal, supply sources please.