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Depends on the state. In California, they have to be paid at least minimum wage regardless.


By Federal Law they have to be paid minimum wage. However, any waiter who can't clear more than minimum wage is doing it wrong.


Yes, but that requires the person knowing that law, and being in a position where they feel they can report it without fear of retribution. Most people who fall victim to wage theft don't fall into those groups.

In California, and Oregon, apparently, they are paid minimum wage from the start, and receive their tips on top of that, instead of being paid some "tipped alternative minimum wage" and then hoping that my employer is benevolent enough to follow the law and make up the difference.


Every single resturant kitchen with a time clock I've ever been in in my entire life has some variation of the following poster:

https://www.laborlawcc.com/uploads/image/california-los-ange...

And it's always posted in English and Spanish -- including phone numbers of who to confidentially call to report violations. If people choose not to report violations -- that's really on them. We're generally talking about adults here -- not helpless children.


Yeah, no. If you're in the position where you're told, regardless of what's on the poster, that reporting means you're fired, then you are not in a position to do so.

This fake machismo around things like this, where the immense pressure and power that employers have over their employees is completely ignored, needs to go away.


More specifically, they will be very quickly fired.




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