Someone who works in a restaurant plz explain this to me

HollywoodBody · 07-31-2008, 02:44 PM

I work for bertucci's italian restaurant ( a new england chain ) and lately I've had a lot of problems with my paychecks. My manager has failed to fix the problems or explain anything to me, and I can't find a phone # for the corporate office or payroll department, So I'm hoping someone here can help me figure this out.

Why are cash tips and credit card tips that I declare deducted from my paycheck?

I thought you declare tips for tax purposes, they shouldn't deduct from what the restaurant is paying you, should they?

For example, Lets say I worked 40 hours in the last pay period, at 10 dollars per hour. So I made 400 dollars. Then on my paycheck it says cash tips and credit card tips, next to where it says hourly earnings.

So lets say cash tips is 100 and credit card tips is 100. My paycheck is only for 200. They take the 400 I earned from my hourly wage, and subtract cash tips + credit card tips.

WTF???????? Am I missing something or is something seriously wrong here. Unless I'm missing something, I already pocketed the cash and credit card tips, cause they cash me out after each shift. And they should still owe me the 400 bucks.

Am I gonna have to sue some mother****ers?

HollywoodBody · 07-31-2008, 02:50 PM

bump. Anyone, please? Will rep

wall1two · 07-31-2008, 02:55 PM

lol you got pooped on. your boss has all your money and spending it on supps. but really say you demand your money or you will have to go over his head.

HollywoodBody · 07-31-2008, 02:56 PM

Quote:

Originally Posted by wall1two

lol you got pooped on. your boss has all your money and spending it on supps. but really say you demand your money or you will have to go over his head.

I know what to do IF it's my money lol. I need to know if it's my money or not. There could be something I'm missing.

But it's over 550 dollars so far that's been deducted this summer, because that's the amount of tips I've declared. (i'm a delivery driver)

reps for bumpin my thread tho

MacDaddy0924 · 07-31-2008, 02:56 PM

They aren't taking extra money away from you. The government is taxing you on your tips - both CC and cash. They do this so you don't get hit with a huge tax fine at the end of the year.

You're gettin $10/hr plus tips?? Damn. I get 2.13 plus tips but it averages to between 20-40/hr depending on the night

br7o7wn · 07-31-2008, 02:57 PM

Long-time waiter here, you should double check....usually what happens is that you will see your hourly earnings and then they will show your claimed tips, as both count against your taxes. So with theoretical #'s it should go like this:
400-hourly
+200-tips
________________
600 total earnings
-120-tax
_______________
= 480 net earnings

These of course are general numbers for example....

HollywoodBody · 07-31-2008, 02:58 PM

Quote:

Originally Posted by MacDaddy0924

They aren't taking extra money away from you. The government is taxing you on your tips - both CC and cash. They do this so you don't get hit with a huge tax fine at the end of the year.

You're gettin $10/hr plus tips?? Damn. I get 2.13 plus tips but it averages to between 20-40/hr depending on the night

557 dollars has been withheld so far this year, and I've only worked there since May. There's no fukn way the govt taxed me 500 dollars.

My gross earnings YTD has only been 1750. And fukn 550 has been deducted. There's a seperate 350 that's gone to taxes, which makes more sense. But there's no way it's 550 + 350 to taxes. That's 1/2 of what I've made.

I only get 10 an hour cause I'm a driver now. I used to be a waiter and got 2.63 an hour. It still says I'm a waiter on my paycheck though, even though I make 10 an hour. That could be the problem, are declared tips different for waiters?

renglander · 07-31-2008, 03:02 PM

Some restaurants have to claim a certain amount of tips for tax purposes. If you are paid cash for most of your tips then you are not paying taxes on those tips. Are they deducting the tax from your tips on your paycheck? Does the amount of tips they are showing equal what you actually make in tips?

HollywoodBody · 07-31-2008, 03:04 PM

Quote:

Originally Posted by br7o7wn

Long-time waiter here, you should double check....usually what happens is that you will see your hourly earnings and then they will show your claimed tips, as both count against your taxes. So with theoretical #'s it should go like this:
400-hourly
+200-tips
________________
600 total earnings
-120-tax
_______________
= 480 net earnings

These of course are general numbers for example....

That confuses the fuk outta me lol, I'm bad at math.
But on the bottom of the check it says this for my current pay period:

Gross pay: 360
Taxes: 71
Deductions: 39 (which is the fukn cash tips I declared)
Net pay: 250

So are they supposed to fukn subtract my cash tips AND taxes ? that seems like B.S.

Quote:

Originally Posted by renglander

Some restaurants have to claim a certain amount of tips for tax purposes. If you are paid cash for most of your tips then you are not paying taxes on those tips. Are they deducting the tax from your tips on your paycheck? Does the amount of tips they are showing equal what you actually make in tips?

No idea, since becoming a driver I don't really declare all my tips. Don't even keep track most days.

Steak_n_Taters · 07-31-2008, 03:05 PM

You are getting fcuked man. I used to wait tables and this is NOT how it's supposed to work.

You need to get your money.

HollywoodBody · 07-31-2008, 03:07 PM

so, br7o7wn

I sort of tried the math you showed me. You're right, the gross of 360 that they gave me is my hourly + tips declared. But then they fukn deduct the entire tip amount right out of it. So they take the 360 and subtract the 40 in tips I declared, plus they subtract all kinds of taxes like usual.

Time to lawyer up methinks.

HollywoodBody · 07-31-2008, 03:09 PM

God I'm gonna go fukn ape**** tomorrow. Jesus christ I'm pissed.

renglander · 07-31-2008, 03:09 PM

Quote:

Originally Posted by HollywoodBody

That confuses the fuk outta me lol, I'm bad at math.
But on the bottom of the check it says this for my current pay period:

Gross pay: 360
Taxes: 71
Deductions: 39 (which is the fukn cash tips I declared)
Net pay: 250

So are they supposed to fukn subtract my cash tips AND taxes ? that seems like B.S.

No idea, since becoming a driver I don't really declare all my tips. Don't even keep track most days.

Something is not right in the math. Your Gross pay should equal your hourly and declared tips then taxes are taken out. They should not be deducting your declared tips.

d1430 · 07-31-2008, 03:10 PM

do you get the tips in any other way besides the check........???

HollywoodBody · 07-31-2008, 03:10 PM

Quote:

Originally Posted by renglander

Something is not right in the math. Your Gross pay should equal your hourly and declared tips then taxes are taken out. They should not be deducting your declared tips.

ok, well the gross includes tips like you said. But then they deduct the tips right the fuk outta there.

So far a total of 550 fukn dollars. Plus the 370 in taxes which I paid.

And I've only made fukn 1700 all year from them. No fukn way I should lose over 900. Jesus I'm getting madder by the second.

Quote:

Originally Posted by d1430

do you get the tips in any other way besides the check........???

I dunno how it goes into the computer. I get tips in 2 ways. I either pocket the tip in cash, and at the end of my shift it asks me to report cash tips. I usually just make up a number.

The 2nd way is someone tips me for a delivery on a credit card. I then go to my manager and he cashes me out. So if they tip me 7 bucks, he runs it thru the computer, and gives me 7 dollars cash.

But the money some random lady tipped me shouldn't be subtracted from my hourly paycheck from Bertuccis. Fuk aaaaaaaaaaaaaaaaaaaa

HollywoodBody · 07-31-2008, 03:13 PM

Everyone just give me a final verdict. I don't wanna be wrong and look like a tard storming in there and asking for money that I don't deserve.

Just post something like "yeah you're right" if you understand what I'm saying, and if you agree that something is definitely wrong here.

I ran out of reps today, only got 2 or 3 of u, but I appreciate the help. I'll try to finish up tomorrow.

renglander · 07-31-2008, 03:20 PM

Quote:

Originally Posted by HollywoodBody

ok, well the gross includes tips like you said. But then they deduct the tips right the fuk outta there.

So far a total of 550 fukn dollars. Plus the 370 in taxes which I paid.

And I've only made fukn 1700 all year from them. No fukn way I should lose over 900. Jesus I'm getting madder by the second.

I dunno how it goes into the computer. I get tips in 2 ways. I either pocket the tip in cash, and at the end of my shift it asks me to report cash tips. I usually just make up a number.

The 2nd way is someone tips me for a delivery on a credit card. I then go to my manager and he cashes me out. So if they tip me 7 bucks, he runs it thru the computer, and gives me 7 dollars cash.

But the money some random lady tipped me shouldn't be subtracted from my hourly paycheck from Bertuccis. Fuk aaaaaaaaaaaaaaaaaaaa

Your gross includes tips right? DO they deduct the tips out and then tax you or do they pay your gross which includes tips and then tax and then take the tips out?

HollywoodBody · 07-31-2008, 03:28 PM

Quote:

Originally Posted by renglander

Your gross includes tips right? DO they deduct the tips out and then tax you or do they tax your gross which includes tips and then tax and then take the tips out?

They take my tips + hourly to get my gross. I assume they tax me on the gross cause they should.

Then they subtract my entire tips from the gross.

So if I made a 20 dollar tip, and they owed me 100 dollars, they'd only pay me 80 just cause some lady tipped me. Unless I'm totally confused and wrong.

jjlee138 · 07-31-2008, 03:30 PM

Give me a minute, my gf used to work in the food industry for a long time, and has now been an lead accountant for years, does their taxes etc. So prob very suited to answer your question. She'll be back from the neighbors in a minute.

HollywoodBody · 07-31-2008, 03:31 PM

Basically gross - taxes - deductions = net pay (the amount on my paycheck)

Maybe I get what you're hinting at. They add the tips in to get gross just to tax me, and then they subtract the tips right back out?

**** I mighta been wrong this whole time. It sort of makes sense now. They gotta add the tips in to figure out how much to tax me. But they don't wanna pay me for the tips twice, I already got the tips. So they subtract em all.

I'm confusing myself now =(

I guess it just depends on if "gross" means the amount they've paid me. Or the amount I've made, as in the amount they've paid me + the amount customers have tipped me. I dunno what the gross is.

I gotta run though I'll check this tonight or tomorrow. I'll try to rep 5x more tomorrow.

bluesteak · 07-31-2008, 03:36 PM

it sounds like something they were talking about on the news in the UK today where you place of business is using the tips you make to make up your wages.
So if you earn $10 an hour and in that hour you earn $5 tips, they are saying that they only owe you $5 since you have $5 in your pocket from tips.

i'd check your contract of employment, but if that's what they're doing, leave. don't work for those bastards, that's practically theft

gogators222 · 07-31-2008, 03:37 PM

Quote:

Originally Posted by HollywoodBody

bump. Anyone, please? Will rep

It's probably because they pay you either $10 an hour, or what you make in tips, whichever is higher. Or, they could be taking taxes out. I get paid $3.30 an hour, I get paid bi-weekly, and my checks are always $0.00 But I collect my tips every shift I work. Last year, I worked at a country club, and got paid $12 an hour, or my tips, depending if they were higher.

Hope this helps!

HollywoodBody · 07-31-2008, 03:40 PM

I mighta just been a dumbass guys. Epic threaad lolzzz. It appears that my hourly earnings - taxes does = the amount on the check. So I guess when they say deduction, they're not subtracting your tips from your pay. They're just taking a tax deduction. So they put the tips in to figure your taxes, then they take em back out so they don't pay all your tips to you twice.

Or something.

But I guess the important thing is my hourly pay - taxes does equal what they gave me. So I got paid the right amount.

I'm stupid =/

Or if I'm wrong again someone let me know lol, I'll check tomorrow.

jjlee138 · 07-31-2008, 03:44 PM

This is JJ's gf--

It really just depends on the wage laws of the state as to how it;s figured. I know that in one of the restaurants i worked at in Indy we were required to put in at least 5% of our sales for the night as tips declared, taxes were then deducted from our bi-weekly pay for those tips earned. However, it has been my understanding that there have been restaurants that set up their employees like sales people. So they would only be required to pay you at least minimum wage. So for instance if you only make $50 and worked 40 hours at a minimum wage of $6.55 (that's what it is here) they would be required to pay you a base of $262. But if you made & claimed $300 and worked 40 hours then you'd only get the $300 from your tips and no pay for hours worked.This is because the amount of tips made is more than the base hours, so they figure they are paying you at a higher rate of pay. Hope this helps. Best thing to do would be to look up the FLSA (Fair Labor Standards Act) and state wage law requirements, if you decide to contact your corporate office.