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Posted on 8/20/19 at 9:46 pm to Kim Jong Ir
quote:
That will be the argument for sure. If The Chimes encouraged this practice (i.e. you are working but not on the clock), that is one thing. If the employees did it voluntarily in order to game the system and make more money for themselves, that is another thing. There are 2 sides to every story.
That’s my point though.. it doesn’t matter why they did it. The restaurant managers were aware those employees were on-premise and that they were working, so they are obligated to pay them for that time.
quote:
In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.
This post was edited on 8/20/19 at 9:48 pm
Posted on 8/20/19 at 9:48 pm to notiger1997
It wasn’t them forcing them to do it. They told the waiters if they wanted more waiter shifts this is how to get around it and maximize their waiter tips. The wait staff chose to do this.
Posted on 8/20/19 at 9:50 pm to baldona
quote:
A lot of it is investors too though. The investors look at the quarterly reports and see the OT pay and while a small amount it’s a cost that good management should be able to avoid.
There aren't any investors.
Posted on 8/20/19 at 9:52 pm to GRTiger
quote:
The IRS will be most interested to know how many hours these waiters worked off the clock while making an algorithmically determined tip wage.
I think I see what you’re getting at, but it won’t matter. They can’t earn tips off the clock because POS systems won’t let you ring up food or accept payments until you clock in.
Posted on 8/20/19 at 9:53 pm to jlovel7
This is the new game for plaintiffs attorneys. They are going to be doing this shite all over the place.
Posted on 8/20/19 at 9:57 pm to lostinbr
quote:
That’s my point though.. it doesn’t matter why they did it. The restaurant managers were aware those employees were on-premise and that they were working
We are agreeing except for the presumption that the practice was encouraged. The argument will be whether the practice was encouraged/approved by management. We don't know what was known/encouraged. The lawyers will sort it out and ultimately be the only winners in this mess.
This post was edited on 8/20/19 at 10:01 pm
Posted on 8/20/19 at 9:59 pm to jlovel7
They will win
Posted on 8/20/19 at 10:05 pm to Kim Jong Ir
Management makes the schedule. They know when they are scheduling someone to work more shifts than they can work in a 40 hour work week if they clock in and out at the actual time they arrive and leave. Chimes also knows when people pick up shifts, etc. Manager can’t turn a blind eye to this.
This suit will be a problem for The Chimes.
This suit will be a problem for The Chimes.
Posted on 8/20/19 at 10:10 pm to Kim Jong Ir
quote:
We are agreeing except for the presumption that the practice was encouraged. The argument will be whether the practice was encouraged/approved by management. We don't know what was known/encouraged. The lawyers will sort it out and ultimately be the only winners in this mess.
I am saying is that even if The Chimes did not encourage the practice of working off-the-clock, they likely violated the Fair Labor Standards Act by not paying employees for that time worked.
Further, it probably doesn’t even matter if management knew at the time whether or not those employees were clocked in. All that matters is that they were allowed to perform work.
(That’s not ALL that matters, obviously.. the servers will still have to prove that they worked off-the-clock.)
This post was edited on 8/20/19 at 10:11 pm
Posted on 8/20/19 at 10:29 pm to jlovel7
quote:
Ed Hardin Jr., an attorney for The Chimes
Coach Ed was my 10th grade religion teacher in HS.
He was hilarious. He would nickname the students who acted out.
My favorite was ‘Girth’. Dude had a fat belly and every time Hardin addressed said student, it was always with ‘Girth’.
Posted on 8/20/19 at 10:31 pm to lostinbr
quote:
They can’t earn tips off the clock because POS systems won’t let you ring up food or accept payments until you clock in.
If it's established that they worked tables during the non-booked hours, it won't matter for tax purposes.
Posted on 8/20/19 at 10:45 pm to lostinbr
Yes you can. You use the “house” number.
We used to work off the clock cleaning and doing side work for beer. The beer we drank was a hell of a lot more then the $4.50 I stood to make on the clock.
No one made us do it. The offer was made. If you agreed, you got beer. If not, you got your $2.13 an hour and no beer.
We used to work off the clock cleaning and doing side work for beer. The beer we drank was a hell of a lot more then the $4.50 I stood to make on the clock.
No one made us do it. The offer was made. If you agreed, you got beer. If not, you got your $2.13 an hour and no beer.
Posted on 8/20/19 at 10:48 pm to GRTiger
quote:
If it's established that they worked tables during the non-booked hours, it won't matter for tax purposes.
Highly unlikely that they were working tables during those hours. That’s my point. They were doing “side work” e.g. rolling silverware, filling ketchup bottles, cleaning, etc.
All of the actual tippable work has to happen while the employee is clocked in for any restaurant with a half-decent POS system. You can’t take any orders until you clock in, and you can’t clock out until you close out your last ticket. Considering you only get tips on sales..
Zero chance the IRS goes after the servers. But there is some chance the DOL goes after the restaurant.
ETA: Fair point above regarding the “house” number on the POS, that is a possibility. But it’s not likely that they were ringing up customer orders under a house number on a regular basis. Still, only taxes they will owe will be on the back wages.
This post was edited on 8/20/19 at 10:55 pm
Posted on 8/20/19 at 10:55 pm to lostinbr
If there is no record of this time, what is the evidence it even happened? Eye witness testimony?
Posted on 8/20/19 at 11:00 pm to jlovel7
This is going to be a curious case. They are servers, subject to 2.13 an hour brought up to minimum wage if their overall payroll doesn’t match or go over.. what will be interesting is if they were concerned with overtime wages. I’d love to be the guy auditing these payroll sheets and compensation
Posted on 8/20/19 at 11:04 pm to GRTiger
That’s why I said previously “the servers will still have to prove that they worked off-the-clock.”
I would assume they’ll use some combination of:
- witness testimony
- weekly schedules showing when servers are supposed to arrive for work
- security camera footage (not sure how long ago they worked there but recent footage would likely show whether working off-the-clock is the norm)
I don’t think they will need to account for every single hour to sick the DOL on the restaurant - just need to show that they failed to accurately track employee hours. But yeah, they’ll have to prove something.
I would assume they’ll use some combination of:
- witness testimony
- weekly schedules showing when servers are supposed to arrive for work
- security camera footage (not sure how long ago they worked there but recent footage would likely show whether working off-the-clock is the norm)
I don’t think they will need to account for every single hour to sick the DOL on the restaurant - just need to show that they failed to accurately track employee hours. But yeah, they’ll have to prove something.
Posted on 8/20/19 at 11:04 pm to TROLA
With apparently nothing to go on other than I suppose the plaintiff's word.
The IRS won't give a shite about these small potatoes, but in theory, that'd be a fun audit.
The IRS won't give a shite about these small potatoes, but in theory, that'd be a fun audit.
Posted on 8/20/19 at 11:23 pm to Breauxsif
quote:
Well Liz was a bartender there back in 03-06.
Let her vouch for the debauchery
Posted on 8/21/19 at 12:22 am to Gaston
quote:
I’ll ask her if this suit was just business as usual.
quote:Ask her about this instead
Because chimes on highland has had a lot of sex parties after hours
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