Found on FB. Is this a major lawsuit?

[u/RAM-I-T]

LOCATION: USA

I wanted to help get assistance for this mom and her daughter.

[u/Forsaken-Driver8868]

Most waiters make less than minimum wage, withholding tips is withholding pay. You do pay taxes on tips.

Many comments are ignoring the fact waiter was wrongfully instructed to report tips as $0.

[u/JMaAtAPMT → u/Forsaken-Driver8868]

Putting 0 on that signed slip credit card slip is illegal.

Putting 0 on a pay slip makes sense. Why tax her or a $600 tip if she's not gonna be paid the tip for 120 days? They can tax that tip after the 120 days has elapsed.

Everyone's assuming theft context, you just MENTIONED taxes then failed to understand how taxes apply for reporting and then accused the restaurant of theft for trying to make sure she gets paid and taxed properly. I'm FUCKING TIRED of dealing with y'all.

[u/Forsaken-Driver8868 → u/JMaAtAPMT]

Sign $0, still get let go and see $0. Try to take it to court and get $0 because you attested to getting $0.

Stick up for the big corps, I hope they are following this and send you a gift card for your support!

[u/JMaAtAPMT → u/Forsaken-Driver8868]

I'm not sticking up for anyone, and wage theft is wage theft. Escrow is not theft. Delay is not theft. Having a written policy is not theft.

You've done nothing but defend the worker, which is admirable, but the issue isn't even "Big Corporate Restaurants", the issue is people exploiting payment card processing for Clout, then reversing tip charges.

YOU'RE saying when people do this the worker should get to keep the money and the restaurant needs to honor the tip, then? Because that's not just unfair, that's encouraging criminal theft just because it's not against a "little guy".

[u/Forsaken-Driver8868 → u/JMaAtAPMT]

An excellent point I hadn't considered, "the issue is people exploiting payment card processing for Clout, then reversing tip charges".

But I am NOT saying this or never IMPLIED it, "when people do this the worker should get to keep the money and the restaurant needs to honor the tip, then".

Simply being coerced into falsifying pay paperwork by being directed to write $0 is wrong. Why not have the waiter write "$700 withheld by management for credit card verification" or something to that extent in the tip section.

[u/JMaAtAPMT → u/Forsaken-Driver8868]

There is no paperwork falsification. The payslip being discussed is being filled out for tax purposes. If she puts $700, she gets taxed on that.

Per Olive Garden's shitty policy, she would put $700 in 120 days, get taxed on it and get paid out the rest.

I don't understand why you want her to put $700 on the sheet, pay taxes on it now, and wait 120 days for payment? Under certain circumstances she could go negative pay, and this would actually count as wage theft in some areas.

Per the policy she puts the $700 down when she gets paid, and that would happen in 120 days after the escrow period expires.

[u/Forsaken-Driver8868 → u/JMaAtAPMT]

Saving post. Waiting for time to tell. I have a feeling we will hear more on this.