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The issue in most of these cases is that tipped employees felt pressured or coerced, by management or by co-workers, to participate in pools or sharing.
Do pay premiums attract more and better workers to tipped jobs?
The opposing idea that tipping selectively attracts more desirable workers assumes that more competent workers earn larger tips and like working for tips more than do less competent workers, and that greater income and liking for the mode of compensation both increase satisfaction with and longevity in tipped jobs (see Exhibit 2.2).
(50) Consistent with this concern about tipping reducing servers' intrinsic motivation, Catherine Curtis and colleagues found that tipped restaurant workers rated two intrinsic work motivations--the importance of interesting work and gratitude for a job well done--as less important than did their non-tipped co-workers.
(57) Empirical comparisons of server team work in tipped and non-tipped restaurants is not available, but Rachel Barkan and her colleagues have compared server competitiveness in individual-tip vs pooled-tip cafes in Israel.
A tipped food and beverage server who has waived his or her meal period must still be given an opportunity to consume food during shifts of six hours or longer.
Some are blatantly declaring the tipped wage provision will cut the minimum wage for tipped workers in Oregon.
HR 5970 explicitly states that a tipped employee must be paid `not less than an amount equal to the cash wage paid (under state minimum wage laws) on the date of enactment' of the bill.
2 letter to Senate Majority Leader Bill Frist that `If Section 402 of the act (`tipped wage fairness') were passed into law, (the department) would read Section 402 as protecting the current minimum wages of the tipped employees in the seven states.
The plaintiffs' argument that hosts are not tipped employees failed because Department of Labor regulations indicate that tips received from a tip pool should be considered tips for the purpose of 29 USC sections 203(m) and (t), and because hosts at Outback are part of an occupation that customarily and regularly receives tips.
The objective is to have tipped employees report and pay employment taxes accurately and in a timely fashion.
If the restaurants can get 75% of their waiters and waitresses to sign an agreement to report the correct amount of tips (as worked out by the IRS), the Service will agree not to audit the restaurants or their tipped employees on the tip issue as long as they are in compliance with the agreement.