A question for those in the business regarding pay....

I usually refrain from turning to the dark side of the force but I would like some second/third/fourth opinions on this as I am truly at a loss. I recently returned from Maryland to find a gig and found one rather quickly. Started on a Monday as the "Sous Chef" as advertised in a local magazine to remain nameless. I was taken aback as I was immediately thrown on the line (oxford shirt/penny loafers etc.). Mind you, I have no problem with that kind of "interview" having done many "auditions" in the Bay Area, only in appropriate whites and for one shift. Okay, I'm all about flexibility but no interview whatsoever concerned me, and most important, NO MENTION OF PAY?? So.....I was told that "we would sit down after three days to discuss compensation as that is how they do it in New York???). Suspicious, I asked, "what is stopping you from sk@#&#@! me over after three days"? Never mind that there is no W4/I9/ etc. to prove I was even here?? But, like an idiot, I played along as it was close to home and was a "prospect". So....3 days go by and I cornered the owner again. The response, "well, let's get through the weekend and we will talk then" I may be old and somewhat naive but I put the hammer down as now I was looking like the dumb-ass. The owner asked what I would expect to make and I responded with a very polite "well, in this town a decent Sous would make between $13 and $15 an hour or a salary around 26k-32k" The owners eyes glazed over as he said he never pays any employee over $10 an hour. Needless to say, we parted ways at that point and on relatively amicable terms, although I did suggest he not seek out a "sous" as he would have the same problem and would even have a hard time finding a baby-faced line cook for under $10 an hour. Two weeks later I get a check for $150 (let's do the math here,,6+9+9+9 @$7.50 (minimum wage mind you) =$247.50.......WOW, That's a lot of taxes!! Anyway, the point of this long rant is, has anyone else experienced this kind of tom-foolery? I know of auditions but have NEVER been taken like this. I called the department of wages and standards (and have the forms in my hot little hands) but they had never heard of anything like this and found it" HIGHLY SUSPECT." Your thoughts on any / all aspects of this will be appreciated. Regards-Dave

On a side note, I will not name the business as that is not my style, merely seeking opinions.

David,
That's totally unacceptable - on a number of levels. When we had our place, we paid more than minimum for clerks and interviewed chefs at $15. I'd expect a couple of hour free audition, or maybe one-two day "audition" for pay before hiring. An employer should never have folks working without explaining how they are being paid. This is not acceptable business practice, period.

I appreciate your intention not to bad-mouth anyone- you are "that" guy. But I do hate for others (particularly less experienced industry folks) not be warned about this owner.

I hope you find the right place soon- you are a very talented chef.
Deb

Sounds completely ridiculous. The interview/audition is as much for you as it is for them anyway. You should be determining if you even want to work there. Their lack of clarity surrounding your pay should have been enough reason to never step foot in their kitchen.

On yet another side note, the check reads as "contractual labor". Hmmm..,To quote,"must be the taxes", Having owned a restaurant, I can tell you that that's a nice way of saying tax free for the owner and a possible 1099 for the "contractual employee". If my recollection is correct, you can, as an employer, avoid any wrong doing (up to $500 a month) by designating an employee as "casual labor" and avoid any payroll taxes, SDI, FICA, etc. So......taxes do not come into play except for the payee (me). Kinda makes me wonder........ Not bitching here, just seeking clarity.....-Dave

On yet another side note, the check reads as "contractual labor". Hmmm..,To quote,"must be the taxes", Having owned a restaurant, I can tell you that that's a nice way of saying tax free for the owner and a possible 1099 for the "contractual employee". If my recollection is correct, you can, as an employer, avoid any wrong doing (up to $500 a month) by designating an employee as "casual labor" and avoid any payroll taxes, SDI, FICA, etc. So......taxes do not come into play except for the payee (me). Kinda makes me wonder........ Not bitching here, just seeking clarity.....-Dave

Dave, sorry you got abused on this deal. Unforgivable. FWIW, the IRS has about twenty-eleven criteria to determine whether one can be correctly classified as contract labor. The employer's designation is not really one of them. For your purposes, if he told you what to cook and when to be there and furnished your equipment to cook or exercised any control over what you did, you were an employee and not a contract laborer. Period. Frankly, I don't see how a cook at a restaurant could ever be contract labor.

Thanks Jeffrey. My sentiments as well. You want to tell me I'm working for minimum wage? Tell me upon interview so I can decide if I wish to pursue it, (call it a training wage or whatever hosing language you choose to justify it) but don't EVER screw me over after 4 days, try and screw me for another 3, and then, after two weeks, screw me again!! God doesn't like ugly and neither do I !!! The establishment that remains nameless will not continue long with this kind operating practice and will eventually be approached (and enforced) by "the man". When I had my place, I always played by the rules (maybe that's why I failed? who knows), but blatant disregard for fair play is unacceptable. Just my .02

So Dave...I'm not clear on this. Is this a -local- Louisville establishment who screwed you over ?

Sounds like a call to the IRS is in order - otherwise you will have to pay all the FICA, taxes, ect. The great Commonwealth of Kentucky (if that is where this happened) will not be happy either. Hubby works on a contact basis, you have to agree to it in writing. At least that is our experience. Sic 'em!!

[Robin Garr]

I'd add that, while I respect Dave's decision not to out the eatery in public, if it's in the Louisville area (whether chain nor indie doesn't matter), I'd love to know privately who it is. I kind of like to be aware of "character issue" stuff when I run the numbers on ratings points.

I'd love to know privately who it is. I kind of like to be aware of "character issue" stuff when I run the numbers on ratings points.

Hmmmmm....So if I'm reading this right, what you're saying is that you would/will/have factor/ed in "character issues" (I assume both positive and negative) when coming up with your "rating points". Interesting.

[Robin Garr]

Hmmmmm....So if I'm reading this right, what you're saying is that you would/will/have factor/ed in "character issues" (I assume both positive and negative) when coming up with your "rating points". Interesting.

Don't try to think above your pay grade. I just like to know this stuff.

I've worked for people like this before, and that sort of mindset is certainly an indicator of the overall way a person does business. If they don't have respect for their employees I doubt if they have respect for their customers.

[Robin Garr]

I've worked for people like this before, and that sort of mindset is certainly an indicator of the overall way a person does business. If they don't have respect for their employees I doubt if they have respect for their customers.

This.

So.....I was told that "we would sit down after three days to discuss compensation as that is how they do it in New York???)

Hmm, could this be a clue? Didn't I just see Benedict Cumberbatch lurking nearby ...

So Dave...I'm not clear on this. Is this a -local- Louisville establishment who screwed you over ?

Local Steve....chains could never get away with it or allow it?? Too many checks and balances...