Tipped wage

The United States of America federal government requires a wage of at least $2.13 per hour be paid to employees who receive at least $30 per month in tips.[4] If wages and tips do not equal the federal minimum wage of $7.25 per hour during any week, the employer is required to increase cash wages to compensate.[5]

Though the vast majority of employers are bound to the federal minimum wage, some states have chosen to increase the tipped minimum wage above the federal requirement. Seven states (and the territory of Guam) apply the same minimum wage to tipped and non-tipped employees. The other 43 states – including those without state minimum wage laws – have a lower minimum wage for tipped employees than for traditional employees, and require employers to make up for any wages that fall below the minimum wage.[6] Hawaii, which has the highest-paid waiters and waitresses in the country (mean wage: $17.84/hour)[7] has a minimum wage of $8.50 for tipped employees.

In the state of Alaska, California, Minnesota, Montana, Nevada, Oregon, Washington, same minimum wage are applied for both tipped and non-tipped employees. Tips collected by employees in these states will not offset employer's obligation to pay the wage, and tips is the additional income beyond the wage paid by employer.

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One such advocate is called Restaurant Opportunities Centers United (ROCUnited).[24] This group is a non-profit organization who stands for those within the restaurant industry and calls for changes to be made. They talk about the demographics within the restaurant industry such as 54% of those who work in the restaurant industry are women[24] and they share the struggles with those that have some of the lowest paying jobs within the restaurant industry. A recent 2020 analysis of restaurants post-pandemic stated more than a third of all women working in the restaurant industry are mothers, and well over half are single moms.[24] The state of the restaurant business following the COVID-19 pandemic is that nearly six million restaurant workers lost their jobs.[24] Poverty statistics for these workers is that 16.5% of tipped restaurant workers are in poverty and 17.6% of back-of-house workers are in poverty.[24] On a national average as well, the U.S. livable wage is $31.90 where the tipped subminimum wage is $2.13, and the average minimum wage is $7.25.[24]

Research has been done as well regarding tipped minimum wage when it comes to restaurant management and owners and how they have control over tips and the wages of the employees. The researchers present that a tipped minimum wage is just a way to control the labor of their employees and it also allows for owners to have more control.[25] Employees have no control over how much they are tipped, as that is based on the customer's discretion.[25] ROCUnited also looks to start campaigns to bring awareness to those not associated with the restaurant industry and to give workers voices. There is evidence that citizens might not know because it is information that is kept from them by those higher up within the industry. For example, the ROCUnited found through a federal review there was fraud within hour and wage reporting and some restaurants were not making up for the money they owed their employees.[24] This led to $5.5 million in back pay and $2.5 million in penalties.[24]

There is the concept that when it comes to increasing pay in limited time restaurants or positions, there will be a decrease in employment which can hurt the overall restaurant and even the service industry as a whole.[26] This research also shows the breakdown of who and what job position is in the category for making less than minimum wage and those that are making minimum wage.[26] For example, within a chart given, the tipped occupations are waitstaff, bartenders, and attendants. On the other side, those that are non-tipped occupations are cashier, cook, dishwasher, food-service managers, and counter attendants. According to the chart, waitstaff is the highest percentage of those that are less than minimum wage at 44%.[26]

An opponent is the National Restaurant Association (NRA). The NRA pushes to keep tipped minimum wage on a federal level.[27] This group believes that if minimum wage were to increase for every employee, then restaurants would be forced to raise the prices on their menu which could lead to restaurant closure.[27] The NRA argues about how the increase of minimum wage would affect those restaurants after the ending of the pandemic. Most restaurants in a study by the NRA stated that they would not be able to financially recover after the hit of the pandemic and the struggles that they already had to deal with because of the lockdowns.[27] Employee benefits would also be in jeopardy of being cut and changed.[27]

Research from the NRA regarding the Federal Reserve Bank in Minneapolis states that in 2018 and 2019, full-service and limited-service restaurant jobs declined by 12% and 18%.[27] Also, that worker earnings decreased 8% and 11% at full-service and limited service restaurants.[27] This economic impact is within a year or two of a law being passed that increased the minimum wage in 2017. Minnesota, where Minneapolis is located, is one of few states that currently has state minimum wage as the standard for tipped restaurant workers.