Ok. So here's an interesting question...

[MakiSupaStar]

So as you may or may not know I have a 20 year old sexy Japanese chick renting a room from us. She's here as a student, and has a student visa. She's trying to save up for a car, because out here a car is pretty much necessary. She's been looking for a job, and found one nearby that is a sushi restaurant that's walking/biking distance from our house.

They told her that she's going to be paid 6 bucks an hour plus tips. Federal minimum wage is 7.25/hr and here in California it's 8.00/hr (USD). The person hiring her said that 30% goes to taxes because she can't file taxes on a student visa. Personally, that sounds like a pile of crap to me. I'm pretty sure she's not supposed to work with a student visa, but can this restaurant get away with paying her less than minimum wage like this?

[blendermassacre]

Originally Posted by MakiSupaStar

So as you may or may not know I have a 20 year old sexy Japanese chick renting a room from us. She's here as a student, and has a student visa. She's trying to save up for a car, because out here a car is pretty much necessary. She's been looking for a job, and found one nearby that is a sushi restaurant that's walking/biking distance from our house.

They told her that she's going to be paid 6 bucks an hour plus tips. Federal minimum wage is 7.25/hr and here in California it's 8.00/hr (USD). The person hiring her said that 30% goes to taxes because she can't file taxes on a student visa. Personally, that sounds like a pile of crap to me. I'm pretty sure she's not supposed to work with a student visa, but can this restaurant get away with paying her less than minimum wage like this?

She can't work on a student visa and no they can't.


However, as a Tipped employee (in missouri, anyways) you don't have to be paid min. wage. Obviously if they're taking out the 30% off the top, that means they're paying her under the table in cash.

and who in Japan made the terrible decision of rooming a 20 year old girl in your house?

[bongomania]

On the one hand, a wage far below minimum "plus tips" is considered normal in restaurant work. OTOH, many restaurant owners (especially ones who hire non-US citizens) abuse that practice badly. This has led to many lawsuits and a fair amount of legislation, but the practice is generally considered par for the course.

[fdeck]

Isn't the minimum wage lower for people who work for tips?

I'm not a lawyer, but it seems to me that the restaurant is BS'ign her. If she can't legally work, then how can they report and pay taxes on her wages? What taxpayer ID number will they use?

[GregC]

More often than not, standard pay for servers has been half of minimum wage plus tips. As sad as it sounds, she's getting an above-average rate.

[blendermassacre]

Originally Posted by fdeck

I'm not a lawyer, but it seems to me that the restaurant is BS'ign her. If she can't legally work, then how can they report and pay taxes on her wages? What taxpayer ID number will they use?

If this is a locally owned and operated restaurant, that would be the point. they pay her cash and they don't have to pay "pay roll" tax. it's your basic win-win, if you don't mind cooking the books.

[MakiSupaStar]

Originally Posted by fdeck

Isn't the minimum wage lower for people who work for tips?

I'm not a lawyer, but it seems to me that the restaurant is BS'ign her. If she can't legally work, then how can they report and pay taxes on her wages? What taxpayer ID number will they use?

Exactly what I'm wondering. If she's paying for her under the table then this girl is just an expense, not an employee (as far as what they'll report to the IRS). The employer would be better off saying we can't afford to pay you minimum plus tips, but we can afford to pay you 6 bucks an hour plus tips. I just read it as the employer is aware of fact that she's doing something wrong as far as the labor law is concernered.

[blendermassacre]

Originally Posted by MakiSupaStar

Exactly what I'm wondering. If she's paying for her under the table then this girl is just an expense, not an employee (as far as what they'll report to the IRS). The employer would be better off saying we can't afford to pay you minimum plus tips, but we can afford to pay you 6 bucks an hour plus tips. I just read it as the employer is aware of fact that she's doing something wrong as far as the labor law is concernered.

I'm sure the employer knows what she's doing.

Think about this: she doesn't have any sort of social security # with a student visa, right? how are they going to report her with out a social security number? I would say away from the situation. If she's found, they'll deport her, while the owner will get a slap on the wrist if anything.

[Happynoj]

How can companies pay less than the minimum wage? Isn't the point of the minimum wage that it is the minimum that you can employ someone for? Tips are an added bonus.

[Dr. Cheese]

Originally Posted by Happynoj

How can companies pay less than the minimum wage? Isn't the point of the minimum wage that it is the minimum that you can employ someone for? Tips are an added bonus.

Tipped employees are an exception to minimum wage law. Generally tipped employees, especially nice looking young women, usually come out well ahead in this system.

BTW, a student visa only allows for working on campus. I'm pretty sure your tenant could be deported if caught.

[your idol]

cali dosent have a minimum wage for servers like alot of states (servers in some states make under half of minimum wage) they just have a minimum wage.

http://www.dir.ca.gov/dlse/faq_minimumwage.htm

pretty shady sushi joint if you ask me

[FL Knifemaker]

No pics, no 20 year old sexy Japnanese chick Sorry Maki

[Joe Gress]

Here in Colorado they pay way below minimum wage for servers. The company has to make it up if the server doesn't get the rest in tips, but the server usually works for more than minimum in tips anyways.

[NJL]

Originally Posted by FL Knifemaker

No pics, no 20 year old sexy Japnanese chick Sorry Maki

plus one

[TheDarkReaver]

Since it's illegal for her to work there in the first place doesn't this whole thing become moot anyway?

[Happynoj]

Originally Posted by Dr. Cheese

Tipped employees are an exception to minimum wage law. Generally tipped employees, especially nice looking young women, usually come out well ahead in this system.

BTW, a student visa only allows for working on campus. I'm pretty sure your tenant could be deported if caught.

Wow, that's ****. I now see why the American 'tipping culture' is so different to the British. Here, minimum wage applies to everyone, and businesses are not allowed to 'top up' wages with tips. The wage is the wage, and tips are added on top.

[blendermassacre]

Originally Posted by Happynoj

How can companies pay less than the minimum wage? Isn't the point of the minimum wage that it is the minimum that you can employ someone for? Tips are an added bonus.

Tipping in the U.S. is way different than a lot of other places. It's a weird system that we have set up to pay tipped employees less than the "min" wage, because they're tips put them over the min. For example, at the pizza delivery shop that my father in law owns, drivers make 6.65/ hr, plus 1.00 per delivery plus tips.

[Relic]

It's a pile of crap, I agree 100% but it's pretty much under the table so it ends up being a take it or leave it situation. She may be able to do better elsewhere, has she tried any other places?

and I wont even say that this thread is worthless without pics because I've decided this evening to be the good Relic as opposed to the dirty old man Relic.

[blendermassacre]

Originally Posted by Relic

and I wont even say that this thread is worthless without pics because I've decided this evening to be the good Relic as opposed to the dirty old man Relic.

good relic exists?

[warwick.hoy]

Just like to point out that in some states (Washington being one of them) Servers are paid at least minimum wage plus tips.