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Restaurant servers win $270,000 in tip-pooling case

My my, check out this story from Nation’s Restaurant News headlined “Servers win tip-pooling case against Brinker” about a jury verdict Tuesday that awarded a former Chili’s server and 54 others $270,000 in a tip-pooling case.

Here’s an excerpt:

Jennifer Roussell, a former employee at a Chili’s in Sugar Land, Texas, as well as several other Brinker restaurants elsewhere in the state, filed the lawsuit in 2005 alleging that the restaurant company violated the federal Fair Labor Standards Act by requiring servers to share tips with expediters.

The restaurant chain is appealing. Vigorously, it would seem.

How common is this practice here in Ohio? Could this jury verdict have repercussions outside of Texas? The case was, after all, tried in a federal court — U.S. District Court for Southern Texas in Houston — and not in a state court.

Hmmm.

Permalink | Comments (33) | Categories: Restaurant industry news, Restaurant service

Comments

By Rebecca

March 27, 2009 10:29 AM | Link to this

In the past, I have tipped $20.00 for a piece of pie and a cup of coffee because the service was outstanding. I do not think that servers should have to share their tips with anyone..they are the ones out there busting their a! When I tip, I tip the server for the service THEY provide. For those of you that think it is a “menial” job, the next time you are dining out at Mcd’s or BK, why don’t you try running to get everything for your entire table..refills, food, ketchup, extra napkins, dessert, etc…it’s not so easy, is it? If it’s such a “menial” job and you think it’s so easy, why don’t you do it? If it wasn’t for the servers that “wait” on you, you might actually have to get off of your lazy a and serve yourself! I have never been a server and never will be. I have no patience for stupid and ignorant people like the ones who have posted such prejudice and deameaning comments on this board. My advice..if you don’t want to leave a tip, find another place to eat! No one wants to wait on your cheap a** anyway! About the comments made about Tyrone and Tamika being “canadians”….what exactly does that mean? Is it another way to be racist without being obvious? If that is not what you intended, then maybe you should stop writing it…you are just making yourself look stupid!

By LizardKingLivesAgain

March 27, 2009 9:01 AM | Link to this

o those of you who don’t tip or medialize waiting tables…shame on you. Fortunately I never had to put up with IDIOTS LIKE U that have excessive requests or refuse to tip (because they are CHEAP)…back to the subject at hand. I did not see where this ruling was based on the wait staff not tipping fellow employees who help them during the course of their job, but rather to me it sounds as though they had to put all their tips together and then split among each other (which is not right). For example you got your great waiters/waitress who get higher than normal tips and they should not have to split those with the wait staff that are merely average or even substandard. It is proper that a waiter/waitress compensate those who help them provide service to the customer such as bar staff or those who bus the tables.

By yemshi

March 27, 2009 12:57 AM | Link to this

one day when i go for the eating time at restrant, girl waiter show food time of the later while waiting with sister and sister husband and mother and wife. much hours pass for the normal feel like flag lowering on daylight. at sudden service food touch cool hand on the finger. question to girl, your master will beat you at the time not having ranch dressing for sister husband. death and plague upon entire family. tip not for visiting today!

By pinter

March 27, 2009 12:47 AM | Link to this

everyone who has spoken on this article can glurgh a flurghle. then yhaerm a shploogle while they’re at it.

By NonBriarLocal

March 27, 2009 12:14 AM | Link to this

The comments here saying that tipping is for stupid people just typifies the cheapness and meanness of Daytonians. Dayton people hate seeing anyone being rewarded through their own efforts. It’s like a briar version of the Soviet Union. So let’s just spell things out for the ignorant and mean spirited. 1) waiters and waitresses are not subject to the same minimum wage law as everyone else - they can be paid $3.65/hr. 2) Therefore, they can earn decently if they make their customers happy and if their customers tip them well. So when you don’t tip a waiter, it should only be because they gave you bad service. If you don’t tip when the service was good, you’re just an ignorant jer*k.

By Springer

March 26, 2009 11:30 PM | Link to this

I agree with the poster that starts out expecting to tip around 20%. If I get outstanding service, the tip goes up. If I get only average service the tip is around 15%. If I get horrible service I don’t leave jack. I will let them know that the lack of tip was because of the poor service, not because Im just a cheap bastage like Tyrone.

By Steve

March 26, 2009 10:17 PM | Link to this

To double servers’ pay to the regular minimum wage would result in the skyrocketing of the cost for dining out. That $15 steak will easily cost you over $20. Same with bar drinks, soft drinks, appetizers, and desserts. I also assume you’d all be the first in line to complain about the insane increase in prices and reduction of quality of service. Good luck with that.

By rhonda

March 26, 2009 10:04 PM | Link to this

I have been bartending for 20 years, and a few places I worked we were tipped out by the waitress and in turn, we tipped out the barback. I do not split my tips now, and haven’t for a very long time, but at a private bar I worked at, the bartenders split tips, and I refused to do so with “Miss Thing” standing at the end of the bar, schmoozing her friends,drinking up profits, while I busted my a*s running all over the bar to take care of customers,even people standing right in front of her!! I believe that people tip the waitress or bartender that waited on them, not expecting the tips to be shared. But in some places, they are, and it should be only to the people that pull their share, if thats how the company runs it. But I will not tip share any more. The tips are MINE, I WORKED for them!! I took crap from people like “TY”, busting MY A*S to not get S#%@!HANDS OFF!!

By Funny01

March 26, 2009 9:11 PM | Link to this

I’d say pay servers $6 - $7 an hour and get rid of the tips.

By Phil this

March 26, 2009 7:35 PM | Link to this

I hate it when bartenders act all elite, like what they do is extra special. They say stuff like, “I don’t really serve, I bartend”, and act like they’re doing you a favor when they wait on you in the bar. It’s all a BS service job, just bring the food, the drinks and I’ll throw a nickel at you. I agree, I only tip when it’s good service, it isn’t a requirement.

By serving IS NOT easy

March 26, 2009 6:57 PM | Link to this

I am a server and it is a hard job. You have to remember what everyone wants and when they want it (before meal, during, after) and on top of that we have 5 tables and we have to know what everyone is wanting. Then you get the people that say there ready and take 4 minutes to order we could have done plenty of other things by then. When you come in and wanted to be out within 20 minutes go to a fast food chain you have to look around and see that we are busy and you are getting home cooked meal not something that has been sitting in a pan for 2 hours. We will get you refills you dont have to stand up and wave from the back of the room. What that would look like if everybody does that we are not at the ball field doing a wave. We get paid around 3 dollars we are providing SERVICE for you and thats why it is GREAT if you give us a nice tip. When it all ads up we dont make a lot because we take home 40-60 dollars a night and our checks are 8-10 dollars so add that up. It is very hard too do the job and you need to sit back and think how much we are doing and watch us, your not the only ones that we are serving. Because if we are not busy believe me they sent some waitresses home and we are taking alot more tables because they want to save there 3 dollars. RESPECT everyone that there is. Oh and one more thing if your food takes TOO LONG thats the COOKS NOT US

By JW

March 26, 2009 6:39 PM | Link to this

WOW ! It is amazing to read what people think about those who work in the local food service. I by no means did menial work while working as a server. I am now a college graduate and working at a local hospital. Servers work very hard for the little money they make, especially if you work for a chain. Tipping others who make $7.00+ should never be allowed. Servers get their tips based on THEIR service, not how fast you made their drinks, or how fast you prepped their food. Besides when you don’t make their drink fast enough or prep their food quicker, guess who looses that tip ?? THE SERVER.. so are you going to give us that money we could have made, because you were on you cell phone or talking to your best friend sitting at the bar instead of doing your JOB !! I worked at family owned places in the local area, but don’t be fooled they pull stupid rules too ! Working in the food industry is a hard, back breaking, exhausting job. One that deserves 18-20%tips no matter what ! And those of you who think it’s funny to let your baby throw everything I bring to the table on the floor and then leave without cleaning it up, or those who like to say “take your time, we are not in any hurry” then all the sudden your mad because I am doing just what you asked, and you need to leave in a hurry, or even better those who come to the same place over and over and still do not know the dressings we offer or the brand of pop, you should tip more just for being an ignorant waste of our time !! Servers make money based on their service and how fast they can turn tables, so don’t call in a reservation for 20 and only have 7 show up, then you dont want to reduce down to a smaller table, guess what there goes 100’s of dollars out of my pocket !! That is RUDE ! Be considerate of your Server, would you want to do their job? Could you do their job ??

By Karl

March 26, 2009 5:20 PM | Link to this

I am not nor ever been a waitress, but I think they are not treated fairly by laws. Servers should be paid the minimum wage and allowed to keep and not deduct their tips from taxes. Tips are a gift of good service from customers. States are wrong for making them share tip and not paying minium wage. they should not have to share their tips to any other person either. But I will say the waitresses in most places do not stick together about this.

By Bill

March 26, 2009 5:14 PM | Link to this

I used to deliver pizza for Donatos, (by the way there new pizza, taste like pizza hut) If an employee says that, there policy is to fire them, pretty funny, but back to the point, I hated delivering to “canadians” A sure sign was lots of extra sour cream, ranch, hot wings, and sprite. I took those orders last!

By Kitten

March 26, 2009 4:53 PM | Link to this

I start out expecting to tip 20%. The worse the service is the lower the tip gets. The tip is an incentive and poor service does not need to be rewarded. However, for those who do not tip anything…SHAME ON YOU! Try Mickey D’s or another fast food establishment where you don’t have to tip and you can serve yourself.

By patti

March 26, 2009 4:53 PM | Link to this

for the one who thinks being a server is menial work, you probably have never done that type of job. i am not a people person and i know i can’t do it. i would much rather tip the person scraping out an honest living than to see my taxes go to the lazy bum who expects a handout off of society. servers, you have my vote and my tip!!

By Tom

March 26, 2009 4:42 PM | Link to this

I’ve seen people like Tyrone in restaurants. They complain that the food doesn’t look like the picture on the menu, isn’t cooked right, wrong order, etc. All this, to try to get a free meal.

By DennyCrane

March 26, 2009 4:30 PM | Link to this

lmao at Barack…..I hate “Canadians”I have a friend who has to tip-out 30% of their tips…..now imagine if your tips that nite were $400.00…you tip out $120.00…..ouch….stupid “canadians”……Denny Crane out.

By Barack Osama

March 26, 2009 4:20 PM | Link to this

Tyrone and Tamika are “Canadians”

By Dave

March 26, 2009 3:11 PM | Link to this

Tamika, servers don’t get minimum wage. They get less, because it is “assumed” that tips will bring up the total.

By kelly

March 26, 2009 3:10 PM | Link to this

Hmmm, Tyrone & Tamika, we have a name for your kind at restaurants and trust me, we hate serving you as much as you enjoy running us to death with your bread and “extra” requests. Bet you drive an Escalde with 20 in rims too, huh?

By rm

March 26, 2009 3:09 PM | Link to this

Back when I was dating a manager at a Friendys, she told me they pooled all tips. At the end of the night, they found it came to about $15 an hour.They didn’t like it, but was the rules of Friendy’s. Those that didn’t work hard made the same as those they did. HEY about like what BO is trying to do in the USA..

By Amy

March 26, 2009 3:06 PM | Link to this

According to recent studys and polls, restaurant patrons are tipping considerably less, if at all, during these hard economic times. Here is my response: Here are some guidelines that should should be considered when tipping: 1) If you can afford to go out to eat, you can afford to tip for the service. 2) You should never not tip. Even if the service wasn’t great, you still received some sort of service. The least you can do is leave a dollar. 2a) Never leave less than $1. It is an insult. 3) If you are receiving some sort of promotion that reduces the total bill, whether it be a coupon, half price appetizers, kids eat free, etc., make sure to remember to base your tip off what the bill WOULD have been. Many times patrons’ bills are cut almost in half by promotions. You are still receiving the same service, so don’t cut their tip in half. 4) If you are dining at a restaurant for a longer period of time, for example the duration of a football game, you should leave a larger tip than you would on a normal meal. This is important because while you are sitting there for 3-4 hours, the server has no table turn over and a significantly reduced chance of making decent money. 5) You get what you pay for. If you dine at a restaurant regularly, your tipping habits are remembered by your server and often shared with other servers. Most servers will provide the type of service that corresponds with the type of tip they expect to receive. If you tip well, they will remember and put forth a greater effort to give you good service. If you tip poorly, they will not bend over backwards for you, to say the least. 6) Do not base your tip on the amount of time it takes for your food to arrive to your table. Nine times out of ten, the kitchen is either behind or has mis-prepared your food. This is not your server’s fault. An experienced server, should give you notice if food times are running slow. 7) The Golden Rule—“Do unto others as you would have them do unto you.” Put yourself in the server’s shoes; think about what type of tip you would expect after performing the same duties for your table and tip accordingly. I have worked in the food industry for almost ten years now and promise you that these guidelines come from hard work and experience. We are all trying to make ends meet, so be courteous and tip your server, recession or not.

By Some People

March 26, 2009 2:58 PM | Link to this

Depends on how good your service was from a server.A tip is an incentive for them to offer good service.That’s why it’s called a tip.

By Tamika

March 26, 2009 2:29 PM | Link to this

I agree with Tyrone, servers are getting way more money than they deserve. Its just a simple menial job, minimum wage is enough for jobs like this.

By randy

March 26, 2009 2:06 PM | Link to this

lol at the ranch comment…

By randy

March 26, 2009 2:04 PM | Link to this

tyrone, you are an idiot, probably getting food stamps, and run your server to death…people like you should NEVER eat out!!!!

By Tipper Mcgee

March 26, 2009 2:02 PM | Link to this

Hey Ty, You are not welcome at my restaurant. You probably complain about the amount of alcohol in your drink, and ask for extra extra ranch. And, you are probably unemployed because of your ignorance. Do us all a favor and stay home. Or go to Popeyes so, I don’t have to deal with your type.

By localguy

March 26, 2009 1:58 PM | Link to this

Hi Ty…No one tips at Fast Food joints.

By Tyrone

March 26, 2009 1:46 PM | Link to this

Tipping is for stupid people. I have never tipped before and I will never tip. I think service should be added to the cost of the food. If you are not happy about the money you get from being a server, get another job.

By Former Tipped Employee

March 26, 2009 1:25 PM | Link to this

There’s quite a few restaurants in town that require the servers to tip out the employees that get regular wages, bet if someone brushes off their listening skills while they are visiting restaurants, they’ll find out which ones. It may surprise you to find out which ones they are.. and who they have to tip; everyone from busboys to sushi chefs have their hands in the servers’ tips.

By Justine

March 26, 2009 1:06 PM | Link to this

When I worked a restaurant, we had to “tip out” the food runners and the bussers. It was 1% of your daily sales to each, which usually equalled about 7-10% of your tips. At first it was not required, just recommended; however, when some people did not tip out the manager made it obligatory. That was awful because then the runners and bussers stopped working as hard… I made $3.40/hour plus tips and they made $7.00 plus MY tips to just sit in back drinking pink lemonade!

By David

March 26, 2009 12:53 PM | Link to this

When I waited tables at an upscale Columbus restaurant, I tipped out 10 percent to the busboys and 5 percent to the service bar tender (who made an hourly wage about 5 times mine).

 

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