The deadline is updated to 12/11 due to a technical issues with a government regulation website yesterday.
Action – Write a comment to protest another blow to tipped servers. New deadline – Wed. (12/11) by 11:59 pm EST.
Servers already have enough to deal with…
Now the Trump administration has put out a new proposal that allows restaurant owners to pocket more of their workers’ tips indirectly. Our administration has squarely landed on the side of the National Restaurant Association (the “other NRA”) against tipped workers and has neglected their duty to enumerate the economic damage caused by this proposed change.
- Write a comment here (if this link is down, go here.)
- Read the proposal here (if this link is down, go here.)
- Other comments, which are almost all from restaurant owners/managers here. (this link may be down for some reason…)
First- good news: The new rule does prevent employers, managers, and supervisors from directly taking tips received by employees. But that’s kind of the bare minimum.
The bad news: The proposed rule eliminates the “80/20 rule”, replacing a 20% limit on servers doing non-tipped “side work” with slippery wording like “reasonable” amount of time. (See definition of “80/20 rule” under “Deeper Dive” below)
More bad news: The proposed rule allows employers who pay the full minimum wage and don’t take “tip credit” to implement a mandatory “nontraditional” tip pool to include employees who do not customarily and regularly receive tips, such as cooks and dishwashers. “Wait! This seems like a good idea”…keep reading. (See definition of “tip credit“ under “Deeper Dive” below)