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Minimum Wage For Restaurant Servers Remains Stagnant For 20 Years Under Industry Lobbying

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Minimum Wage Waitress

Rebecca Williams has waited tables, on and off, for 30 years. A lot has changed since her first stint in the business ended in the early 1990s. Restaurants now tout their commitment to local and organic fare. Diners eagerly pass and poke at tapas-style small plates. Chefs at brick-and-mortar restaurants now compete with a growing legion of food trucks. But one thing that's remained consistent in all that time is Williams' paycheck.

Williams, 50, has worked mostly at upscale bistros in Atlanta, Ga., earning $2.13 an hour before tips. It's the most frustrating element of a job she largely enjoys, she says. That miniscule wage is usually swallowed up by taxes, leaving her to live on her tips, which can fluctuate from week to week.

She hasn't had health care coverage for years. The restaurants she has worked in haven't offered affordable plans, and she doesn't have the money to pay out of pocket for it. She simply hopes she doesn't get sick.

As for retirement? "I can't even think about retirement," says Williams. "I'd go into shock." Her restaurants haven't offered savings plans, either, leaving her with little beyond a modest 401(k) nest egg from a long-ago foray into the corporate world.

The federal government raised the minimum wage to $7.25 per hour in 2009. Some states have raised theirs above that amount, to as much as $9.04, in Washington state.

But since 1966, a sub-section of the minimum wage has existed for people who work for gratuities, known as the "tipped minimum wage," which Congress last bumped to $2.13 per hour in 1991. Some states have increased the tipped minimum wage on their own as well -- and Washington, like six other states, has no tipped minimum wage at all, so servers earn a full $9.04 before gratuities. About half of all states, however, continue to allow restaurants to pay servers $2.13, provided they make up the difference if the server doesn't reach the standard minimum wage after tips.

The cost of living, meanwhile, has continued to climb.

"As far as income goes, I made more 20 years ago than I do now, effectively," says Williams, who has a bachelor's degree but prefers to work in restaurants. "My affluent friends, their jaws drop when I tell them."

Under this system, gratuities aren't really gratuities. They constitute the vast majority of a server's salary. Instead of giving a server a bonus for good service, diners are essentially subsidizing many servers' legally guaranteed wages.

And as the tipped minimum wage has remained the same, diners have been subsidizing a growing portion of that guaranteed wage over the years. Servers, meanwhile, are increasingly relying on customers to keep them on pace with inflation.

Being paid a mere $2.13 an hour before tips might not be a big deal for a server at a four-star restaurant in Manhattan, where tips are generous and workers can earn a better-than-decent living. But for a career server working at, say, a pancake house in rural Kansas, an extra couple of bucks an hour could make a huge difference.

If Williams' pre-tip wage in Georgia were closer to $5 an hour, for example, like it is in many states, that would translate into an extra $6,000 per year, making it a lot easier to cover basic expenses. Maybe she would even be able to afford health insurance.

HERMAN CAIN'S LASTING LEGACY

The fact that the tipped wage has held steady for over 20 years at the federal level and in many states is a testament to the restaurant lobby's effectiveness.

In 1996, President Bill Clinton pressured Congress to raise the minimum wage for the first time in years. He ultimately got House Republicans on board with the wage hike, but not without a significant caveat.

The restaurant industry, led by the National Restaurant Association -- and its board chairman Herman Cain, who would later become the group's president -- successfully pressured lawmakers to have the minimum wage for tipped employees separated from the increase and kept at $2.13.

"I don’t think anyone knew at that point that it was a permanent deal," says Jen Kern, minimum wage campaign coordinator at the National Employment Law Project, an advocacy group for low-wage workers. "As these things happen ... they become ingrained. They succeeded in creating this second-class wage system, and people accepted it as the way it's always been."

Indeed, paying the lowest wage possible before tips is common practice throughout the restaurant industry. According to advocates for restaurant workers, even restaurants that workers hold in high regard tend not to pay servers anything more than the tipped minimum wage, since that's all the law mandates.

Those who say the tipped minimum wage is due for an increase argue that the growing restaurant industry can withstand it. Throughout the fits and starts of the economic recovery, the restaurant sector, much like retail, has served as one of the few reliable bright spots when job numbers are issued.

In its recent 2012 forecast, the NRA predicted record restaurant sales of $632 billion this year. It said the number of jobs in the industry would grow to nearly 13 million, accounting for roughly one-tenth of the nation's workforce and outpacing the economy at large.

The problem, however, is that many restaurant jobs are low-paying. The average wage for food and beverage workers was $18,130 in 2010, according to the Bureau of Labor Statistics, meaning that many workers end up toiling below the federal poverty line.

And even as the number of jobs has expanded, the wages received for those jobs have actually decreased, according to a recent report from PayScale, a website that tracks salary data.

"This is part of the stagnation we've seen for all workers over the last 20 or 30 years," says Sylvia Allegretto, a labor economist at the University of California, Berkeley and a former waitress herself. "This industry is growing by leaps and bounds, but it's not paying a good wage. The fact is we have millions of workers in this industry, and a few of them do fairly well -- mostly men, at high-end restaurants."

But the mostly female workforce of servers, she notes, has "no health care, no sick pay, no vacation. You have to make enough in wages and tips to pay for those things."

"I don’t know how anyone can defend a policy that’s been in effect for over 20 years, that’s eroded significantly in that time," she adds. "Why should this industry benefit so much from this artificially low pay that’s instituted?"

The NRA, for its part, says that the industry's growth is no reason to hike the tipped minimum wage. The group says that most servers already earn well above the federal minimum wage of $7.25, and that raising the tipped minimum wage could hurt kitchen employees and others who don't work for tips.

"Even in a challenging economy, the restaurant industry has continued to be one of the country’s leading job creators," Katie Niebaum, a spokeswoman for the group, says in an email. "Legislation increasing the required minimum employer-paid wage for tipped employees would force employers to redirect payroll dollars away from employees who do not earn tips, and give them to tipped employees who are usually earning far in excess of the minimum wage."


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Rebecca Williams has waited tables, on and off, for 30 years. A lot has changed since her first stint in the business ended in the early 1990s. Restaurants now tout their commitment to local and organ...
Rebecca Williams has waited tables, on and off, for 30 years. A lot has changed since her first stint in the business ended in the early 1990s. Restaurants now tout their commitment to local and organ...
 
 
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COMMUNITY PUNDITS
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Quasi Libertarian 04:00 PM on 06/02/2012
"As far as income goes, I made more 20 years ago than I do now, effectively," says Williams, who has a bachelor's degree but prefers to work in restaurants. "My affluent friends, their jaws drop when I tell them."

Now I don't have a ton of sympathy for the lady interviewed in this article, unlike many people who have chose this menial and non-competitive field as  Read More...
06:50 AM on 03/08/2013
I worked as a server who had to tip a whopping 10% of my already low tips to pay for the bar tender and the hostesses. Most of these articles do not mention how the restaurants are making servers pay for additional front of the house jobs. They claim servers make more and they they have to pay for additional staff. This was happening at both OLIVE GARDEN AND RED LOBSTER. A top 100 company who is forcing low paid server to pay the hostess and bar tenders. This company makes well enough money to pay their own employees without taking money from already struggling servers.
10:37 PM on 03/07/2013
I think the Minneapolis Fed inflation calculator is rigged. When I enter $2.13 in 1993 dollars and calculate what that would be in 2013 dollars it's $3.45. Is the fed rigged towards capitalists?
http://www.minneapolisfed.org/index.cfm?
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LadyRaineX
Atheist, Machinist, Scientific Enthusiast
09:34 PM on 03/04/2013
Before I went to College and then got into my trade....I worked as a bartender for many years after I turned 18. People forget that not only do a majority of even NICE restaurants not offer health insurance....they usually offer these companies no one has heard of and no doctors accept so that even if you could afford it....you can't find a single doctor in your state who accepts it. There are no "sick days", no vacation, and no designated "breaks". You are supposed to "eat while working" and even when working a double-shift....you often work 12 hours without being allowed to sit for even 5 minutes.

People forget that the meager hourly pay (here in PA it's a whopping $2.83 per hour)....you don't just have to pay taxes on your hourly wage...you have to claim all of your tips and get taxed on those, too (a majority of restaurants calculate what your tips "should be" be your total food sales for that night and even if you made LESS tips than what the "should be" rate is....you're being taxed on that amount of tips). As a bartender (I worked in maybe 6 bar/restaurant places).....you get your "paycheck" every 2 weeks and it was usually...ZERO. Because after the taxes from your hourly pay AND the taxes from your tips....it reduces your paycheck to literally nothing.
03:23 PM on 02/10/2013
They should follow the Black Star restaurant in Austin as an Example, It really works out better than the other way plus the IRS could really earn an honest tax from both establishments and employees as a whole.

Aside of the fact that many restaurants hire illegals and pay them just about nothing including the fact that many employees have no job security, no health or dental insurance or any other benefits expected in businesses worked by students such as one found in a mall.

Restaurants, Bar and Clubs are the epiphany of business with many establishments having connections to illegal organizations and most often than not exposing and or employing staff with not the greatest records.

The term: I work in a restaurant because I don't have to take a drug test or all smokers works in restaurant is industry standard.
09:25 PM on 12/26/2012
How amazing it is that corporations like Darden Restaurants Inc. (Red Lobster, Olive Garden) and so many other restaurants in our country are allowed to continue to expose their employees to this archaic pay scale. Not every customer tips, and even those who do, don't tip the customary 15 - 20%. And, the last time I was at a Red Lobster and ordered a MAINE LOBSTER TAIL and received what appeared to be a ROCK LOBSTER TAIL (way smaller), I am even more amazed that they can escape with their minimum wage policy. As an aside, I was also told by our waiter that Red Lobster and Olive Garden would never come into Montana, because it is not a "right to work state" Darden Restaurants Inc, you've lost my business.
07:27 PM on 11/08/2012
Can someone please explain the fact that if I open a business selling clothes,or auto parts, etc, I would have to pay minimum wage to my employees. Yet people who open a restaurant selling meals don't have to pay minimum wage to their employees. Why should the customer be responsible for paying what the employer should be paying?
03:22 PM on 08/26/2012
In my experience as a manager, most of my servers that have not been able to make a living wage from their tips simply weren't getting enough hours. Most of my staffs made $20-$30/hr, between tips and wages. But if you're only getting 10-20 hrs/wk, that's not a lot of cash.

Raising or not raising the tipped minimum wage won't 'sink' well-managed restaurants, but it could absolutely sink some that are not already well-run (which is more than you might think). The well-run restaurants, though, will simply change the structure of their dining room staff to perform the same tasks with fewer bodies on the floor. Everyone will start running their dining rooms like Houston's-- small server stations,little to no support staff (bussers, runners, etc), and good shifts assigned to the highest selling servers.

Most servers that I have worked with HATE this system more than making less than minimum wage, actually. I'm not saying this to hate on servers-- I know some great ones, and they definitely have a hard job. But, when this eventually changes across the board (which it should, $2.13 is egregious), restaurant staffs are still going to be dissatisfied with the outcome.
04:03 PM on 03/11/2013
maybe companies like the one i work for, OSI, should keep the money they use for paying off lobbyists and with that money pay their employees a decent wage.. instead, they leave as at the mercy of customers, they make us clows to be able to win our bread.. we must be the only kind of workers that go to work without the certainty of being paid.. yes.. we can have a good day and make money, but it's never guaranteed. No breaks, no bathroom, no food, no water.. can't eat until you're clocked out and when you're clocked out it's too late to order.
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moonlit
Ditch Mitch
12:26 AM on 08/15/2012
Republicans, working tirelessly to scroo over more people all the time.
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Sistagirl Young
02:45 AM on 07/20/2012
No one wants to live from paycheck to paycheck. Neither does one want to "rob from Peeter to pay Paul." People make adjustments and do the best they can with what they have. But right's right and don't wrong nobody. If these fa cat mickey fickey's had to survive on what they "pay" their employees all hell would break loose. But when no one is stepping on your foot, no one says ouch. Life.
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Reyn Mansson
simply not content with the way the world is going
11:39 AM on 07/15/2012
In Australia they have a staggered minimum wage based on age and other factor but the Adult minimum wage is $15.95AUD. People seldom tip except at nicer places and it's about 10%.

An Aussie dollar is worth about $1.01 USD
05:42 PM on 07/11/2012
For the record: According to the US Dept of Labor, only 13 of these United States pay the national $2.13 minimum for tipped employees. Most have state minimums well above the national minimum, and even some States along the West Coast pay above the national $7.25 minimum for non-tipped employees.

Source: http://www.dol.gov/whd/state/tipped.htm
06:00 PM on 06/19/2012
part 2... read previous post first.

Now, before you all lynch me... the tipable minimum wage should at least be half the normal minimum wage but I would be completly happy with the govt not dictating what a private company should pay their employees. If a restaurant can get someone to work for them for $2.13 an hour then good for them. It might even promote competitive wages.

Lastly... lets do some math here. Think a 6 hour evening shift at a busy restaurant. An average of 4 tables an hour with an average of $3 per table. That's $12 an hour and 14.13 an hour after wages. Oh, and if those tips are in cash dont think they are claiming it all. Most only claim 10% of their tips... so 90$ of that 12 an hour is tax free. Hmmm... bet ya you never though of that. haha.

Gotta love liberals... watching/listening to them is almost as funny as the Big Bang Theory.
06:01 AM on 06/28/2012
Haha? I do on average make more than minimum wage. But I would have to, to do my job. Most tips come through their credit cards, which are always claimed, So no one is getting away with anything. I, however am asked to clean, watch the door, run all my food and bus my tables, all of these things usually pay at least 6, if not 10 dollars an hour. Not to mention the that i always take the risk working for tips. I don't think half of minimum wage is too much too ask. It's been 20 years since server wages have been raised
05:50 PM on 08/05/2012
When I waited tables in college (about 3-4 years ago), if your tips + your hourly wages didn't equate to the minimum wage (federal), the company would supplement your paycheck so you made at least that amount. I worked at several restaurants (TGI Fridays, Outback Steakhouse and Red Lobster), and I never had to actually have that done as I always made above minimum wage.
01:03 AM on 11/03/2012
Obviously, you have never worked in a restaurant as a server! As someone who has, I can tell you that I have never worked in any restaurant as a server where I did not "tip out" 15- 20% of my tips to other restaurant workers including the bartender and the bussers (can't call them busboys anymore cause they aren't all boys). In some restaurants, servers must also tip the host or hostess and the wine steward. Sometimes, claiming 10% means claiming and paying taxes on more than you actually make. Take that and cram it up your cheapskate conservative ass.
12:22 PM on 11/03/2012
Obviously, you haven't, either (at least, not other that the "posh" places that WORKING people can't afford to go to--I mean: geez, "wine steward"? that's something I read about in books, not someone I've ever seen!). Labor laws require the employer to supplement servers' wages if their tips don't bring their wages up to minimum.
05:59 PM on 06/19/2012
OK... havent read all the comments so I apologize if someone has already said this.

This woman is complaining about low wages, lack of insurance, and lack of a retirement plan? Yet she has a degree, worked a corporate job with just that but prefers restaurant work? AM I THE ONLY PERSON WHO THINKS SHE SHOULDN'T BE BITCHING?!? You want to be a server... then live like a server. You want insurance, retirement, and financial security... Be a big girl like you once were and get a big girl job.

Oh dont get me wrong... I was raised by a single parent server. I was raised on tips. My mom worked for Bob Evans for 19 years to feed, clothe, and house me and guess what... I never went without insurance... I had enough broken bones growing up to prove that. THATS RIGHT... RESTAURANTS OFFER INSURANCE!! However the difference is my mom knew it was low paying hard work but she never complained. She was not educated nor did she want to be... but she worked hard and provided for me. She never complained that life isnt fair... in fact she often told me growing up "life isnt fair so get over it". Thats what this lady needs to do... get over it...

apparently this was too long... part 2 to follow.
10:24 AM on 11/23/2012
"live like a server"....??? So, service jobs are beneath other types of work, in your opinion? If you treat "servers" the way you are responding here, I'll bet you get plenty of spit in your food. This woman has her own reasons for working the job of her choice, and no one has the right to judge that. Shame on you.
07:02 PM on 03/04/2013
I'm glad your mom was able to make a decent living as a server, but no restaurant I ever worked at offered insurance. Just because Bob Evans did (and hopefully still does) doesn't mean much to the majority of restaurant workers out there who don't have the option.

And I was floored to find out that the base wage of servers hasn't risen at all since I did it 20 years ago. I think the fact that restaurants (especially big chains pulling in millions) are lobbying so hard to keep it incredibly low makes them the ones who need to stop their bitching, get over it, and pay their employees a slightly better base wage.
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Jasper Mcmillan
11:05 PM on 06/09/2012
For those who "holler" about unions, this is what happens when big business is allowed to operate without any oversight. The early twentieth Century should be a reminder of how Cooperations treated its employee's prior to the formation of Unions to protect workers from abusive employers. Despite the hollow claims of many business's who profess to care about the individual, it is in reality, all about the bottom line.....PROFIT.....nothing else counts including your rights as a human being. Incredible and obscenely insatiable greed will a factor in this country's downfall.
10:57 PM on 06/07/2012
I have worked in the food service industry for upwards of 20 years now. I started at the bottom and worked my way into management. In order to take a management position I took a huge pay CUT! I am lucky enough to live in a state that pays a straight across minimum wage no matter the profession. My servers make $1000's more than I do, in some cases 10 thousand or more, when you add in their tips. I've got the proof. Also trust me when I say they are not reporting all of their tips!! They know exactly what they need to report to be safe and they don't report a penny more. I will also add I am not paid a bad salary, my salary is more as an associate manager than many chains pay their general managers. Servers and others in the service industry work incredibly hard, and can be forced to deal with the most unsavory conditions and people you can imagine, on a daily basis usually. It sound incredibly unfair to me to keep the wages so low for these poor workers. A federal minimum wage should be just that, with NO exceptions. But the laws should be stricter on reporting tips.
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PickleBilly61
09:07 PM on 06/08/2012
indep1, I disagree. My favorite aunt was and my favored niece is, a wait person. Fully reporting tips would be financial suicide and I doubt their ethics are impaired for not doing so considering how many tax breaks the wealthy and politicos can obtain through their tax accountants and lawyers. More power to them I say. If your servers make more than you, presumedly there is nothing barring you from reverting to that status. As for the minimum wage, consider this: no matter what it is, it is always going to be the minimum. And if it truly is a good idea, then why not raise it to, say, $75.00 per hour? Or a hundred? Why not? Oh hell, let's not be pecayune! Let's raise the minimum wage for everyone to... $1,000.00 per hour! How wonderful that would be! No more money worries for anyone! Or is there some subtle flaw in my equation you or anyone might be able to point out?
10:27 AM on 11/23/2012
Servers wouldn't need to be tipped if they were being paid a livable wage.