Lynn's Paradise Kerfuffle

I think what is really strange about this whole thing is that they have decided that the waiters tips are in their check and the tipped out folks are in cash. I would say most of the tips would be on credit cards at Lynn's. They need to figure out a consistent system for their entire staff. As someone who waited tables for a good 15 years, I think this whole thing is bizarre. Not well thought out at all.

It has been a long time since I have waited tables, but is it even possible that anyone could possibly have to tip out the bartenders and bussers a hundred dollar bill on any given night??

My tip out to bartenders and bussers was normally 15 to 20 percent of the tips I made... that would mean $20-$25 at most!

This sounds ridiculous...

I spoke with the owner of a very well-known, very successful restaurant here in town. He observed that; (1.) *HE* didn't often carry $100 in cash when he came in to his place of business and that,(2.) he wouldn't expect his servers to be able to do so!

It has been quite a few years since I was in the biz, but I am under the impression that forced tip outs and forced tip pooling are illegal. When I worked as a server, if your busser did a good job, you gave him/her some cash, but it was not required (it was a way to get your tables done and turned quickly!). When I was a cook, I worked in a pub that if it was particularly busy and I kept up in the kitchen and occasionally came out to help serve the food and clean glasses, the staff would cut me in on tips, but that was the only place that happened. What is the law on this?

It has been quite a few years since I was in the biz, but I am under the impression that forced tip outs and forced tip pooling are illegal. When I worked as a server, if your busser did a good job, you gave him/her some cash, but it was not required (it was a way to get your tables done and turned quickly!). What is the law on this?

Suzi,

I believe this is the reason for having to tip-out in cash; they can't do it as credit/ later as it appears as though it's been forced.

Still doesn't explain why Lynn's can't give servers their tips daily so they can use this cash to tip with ( except extreme hassle) - or how much Lynn's servers are making daily that they'd be tipping out $100 in a day.

Deb

But even Lynn Winter's reply in the Eater article made it sound required. "Winter explained the requirement of waitstaff to carry $100 was to ensure they have "enough cash on hand to be able to tip the secondarily tipped people [buses, bartenders, foodrunners and expos] because I didn't want them to say 'I have no cash, I can't tip you today.'" If it is not voluntary, it is required and is possibly illegal.

Found at least one KRS:

337.065 Unlawful for employer to require remittance of gratuity -- Tip pooling.
(1) No employer shall require an employee to remit to the employer any gratuity, or any
portion thereof, except for the purpose of withholding amounts required by federal
or state law. The amount withheld from such gratuity shall not exceed the amount
required by federal or state law.
(2) As used in this section, "gratuity" means voluntary monetary contribution received
by an employee from a guest, patron, or customer for services rendered.
(3) No employer shall require an employee to participate in a tip pool whereby the
employee is required to remit to the pool any gratuity, or any portion thereof, for
distribution among employees of the employer.
(4) Employees may voluntarily enter into an agreement to divide gratuities among
themselves. The employer may inform the employees of the existence of a voluntary
pool and the customary tipping arrangements of the employees at the establishment.
Upon petition by the participants in the voluntary pool, and at his own option and
expense, an employer may provide custodial services for the safekeeping of funds
placed in the pool, if the account is properly identified and segregated from his
other business records and open to examination by pool participants.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 115, sec. 2, effective July 15, 1996. -- Created
1976 Ky. Acts ch. 222, sec. 1.

Didn't the Outback in Middletown (now Wick's) get in big trouble for this many years ago?

Didn't the Outback in Middletown (now Wick's) get in big trouble for this many years ago?

Yes, and Lynn's will too.

This is forced tip pooling and forced tip outs, the most bizzare thing is that she requires them to come in with $100 cash, but doesn't pay out credit card tips until payday. Sounds like cash flow issues.

I've worked in restaurants where the per guest average bill was $75. Servers there didn't carry $100 cash unless they were off work and dining or drinking there.

It would be interesting to note whether or not the charged tips that are going on pay checks is the total amount of charged tips. I worked for A restaurant/grilled that deleted th same percentage from your charged tips as the credit card charged the establishment for the privilege of offering their CC use. Talk about stingy!

WARNING!!! RANT TO FOLLOW...
Why is that this segment of the working class that has to, (by nature of their jobs) kiss more a** than almost any other segment of the working industry, why must they be constantly forced to fight and scrapple for every literal penny that they have already earned? If a restaurant needs to count/cut pennies , this is not where to do it. Do not rob the very people that for many make dining out the great experience It can be.

Lynn's management is probably going on the reasoning that they aren't illegally requiring servers to tip out, they're just requiring them to be able to do so voluntarily and assuming that the social pressure will make them do it. I don't know if that's enough of a distinction to hold up in court, but it's definitely shady nonetheless.

As someone who is a former waiter, I am not understanding all of the uproar about tipping out busmen, runners, etc. These are all commonly tipped out positions and it has been going on for a long time. They are service staff. Bartenders would come under this as well. I believe where the law gets involved is when you are required to give tips to cooks, dish washers, managers as these are paid positions, not service positions that make their money by tips mainly with an under the minimum wage pay rate.

I don't think the uproar is over tipping out bussers, bartenders etc. I think the problem here was requiring servers to come to work with their own $100 banks. I think.

[Robin Garr]

I don't think the uproar is over tipping out bussers, bartenders etc. I think the problem here was requiring servers to come to work with their own $100 banks. I think.

This.