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The truth about tipping
December 6, 2005 | George

Posted on 12/06/2005 12:33:26 PM PST by George14

It has recently been publicized that a 20 percent tip is now appropriate because servers are usually only guaranteed $2.13 an hour and the tips have to be split. Let me explain something. It is the customer's sole right to determine whether a tip is given, the amount and who will be the recipient of his tip. Such rights are not only guaranteed by our constitution they are clearly explained in the Code of Federal Regulations. Customers may tip any amount they choose. Instead of a higher tip being appropriate, what is now actually appropriate is for the public to start questioning why they are being expected to tip more.

While it has been widely publicized that tip splitting and lowered wages are both creating a need for higher tip percentages, what is not being publicized is an explanation of what these business practices actually are and why they create a need for the public to tip more. You see in both cases, such practices equate to employers being allowed to take part the tips away from the employee to whom the customer has presented a tip. You see, tip splitting is the business practice whereby employers take part of the tipped employee's tips and give them to workers whom the customer had every right and ability to tip but didn't. The $2.13 an hour business practice which has been publicized is actually called a tip credit. The tip credit also allows businesses to take or credit part of their employee's tips for themselves. In both cases the public's tips are being taken by businesses owners. The problem is not that customers should be tipping more the problem is that business owners should not be utilizing their employee's tips for the business's interests.

The truth is, business owners are using the customer's tips which undeniably and indisputably are not intended for the business owner for the business's own interests. Such business practices are being allowed by our government even though such business practices are an illegal dominion over the customer's property. To put it simply, businesses are being allowed to steal the money customers present as tips. Now, the public is being expected to tip more because the workers are not receiving the financial benefits of the tips they have been presented.

What is needed is not a higher tip percentage but some educating of the public of what is actually happening to their tip. Businesses have lobbied our federal government and I believe have probably even paid off many of our judges so they can steal the financial benefits of the tips our public is tipping workers in the service industry. The stories you read on how the public is being expected to tip more are actually stories about how our country is allowing businesses owners an ability to blatantly steal from their workers. If the real issue was resolved there would be no issue.

Employers should be prohibited from using their employee's tips to establish a lower minimum wage for their tipped workers. Customers are not tipping so the business can lower it's payroll expenses and thus benefit itself to the customer's tip. Customers are not tipping so the business owner can decide who should share in their tip. Both these business practices are fraud on the public for they are clearly the misappropriations of the public's property. Because our public has sat back and done nothing as business owners misappropriate the public's tips to their own interests, there now exists an undue pressure on the public to tip more to make up for such criminal acts.

The reason I believe our public has sat back and done nothing as business owners reap the financial benefits of the tips presented to their workers is because the media has also been paid off to avoid informing the public of what is actually happening to their tip when the courts ignore the constitutional rights of the customer and when our federal government so blatantly misappropriates the public's tips. The courts have ruled that employers may share the customer's tip among employees whom the customer had every right to tip but didn't. The federal government has allowed businesses to benefit themselves to the customer's tip through the tip credit without the consent of the customer. Such acts by our federal government and courts are not only unconstitutional but criminal. The media is covering up such crimes by intentionally avoiding the issue and keeping the truth from the public.

The tipped employees of this nation need some help from the public on these issues. The truth of what is happening to the customer's tip is being withheld from the public so that employers can continue to steal our tips while the public is left to foot the bill.


TOPICS: Business/Economy; Crime/Corruption; Your Opinion/Questions
KEYWORDS: angrywaitersyndrome; bibletracts; conspiracy; crackpot; deeduhdee; looneytoon; mdm; mrpink; reservoirdogs; tipcredit; tipouts; tipping; tippooling; tips; tipsplitting
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To: George14

In California, The waiters and waitresses still get minimum wage. Don't overtip them.


61 posted on 12/06/2005 1:02:41 PM PST by Liberate California ("Live Free or Die"" New Hampshire State Motto and "Silly Liberal, Paychecks are for Workers")
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To: Born Conservative

It doesn't. But I used to go to a coffee shop and the lady knew my order. She had my coffee ready just how I liked it as I walked up to the counter.

She earned her tips from me.


62 posted on 12/06/2005 1:03:21 PM PST by saveliberty (The feed? Senator Ted thought it was part of the Big Dig. It's in the Esther Williams Tunnel now)
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To: FreedomCalls

Not anymore


63 posted on 12/06/2005 1:03:50 PM PST by saveliberty (The feed? Senator Ted thought it was part of the Big Dig. It's in the Esther Williams Tunnel now)
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To: Vaquero

True , but it appears that ole Pierce tips about .007 percent.


64 posted on 12/06/2005 1:04:12 PM PST by HEY4QDEMS (Iraqis thank our troops more often than Democrats.)
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To: loreldan
"So are you saying that employers are allowed to takes tips from the server? I was a waiter through college (10 years ago) and my employer never even saw the tips I made. it was my choice how much I would tip the bus boy, hostess, etc. "

The article is a little confusing. I think what is being said is that because you get tips I don't have to pay you the minimum wage. So in affect because of the tips the business owner makes out because they can pay you less.

As far as the employer never saw the tips, things have changed since you were getting tips. Now what happens Is that the employer assumes you made at least 10% of your gross sales and the they tax you on that amount.

To be more clear if you get bad service and do not leave a tip, the waiter/waitress actually is paying more taxes and thus lost money on that table.

I would if I got really bad service, notify the manager, but would still leave a small tip to offset the automatic addition that they get. Then you most likely would get comp'ed and receive a free meal or desert.

65 posted on 12/06/2005 1:04:14 PM PST by Coffee_drinker (Since Bush became president, the taliban are gone, saddam is gone, Khadaffi is neutered, arafat died)
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To: George14
It is the customer's sole right to determine whether a tip is given, the amount and who will be the recipient of his tip. Such rights are not only guaranteed by our constitution …

Did I miss something, or is this right one of the “certain rights” covered by the IX Amendment?
66 posted on 12/06/2005 1:05:01 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: ClearCase_guy
Tipping seems so European.

You don't tip in most of Europe. Service is included in the price.

67 posted on 12/06/2005 1:05:22 PM PST by antiRepublicrat
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To: SoothingDave
You think people working on a team, with cash bonuses on the line, are going to put up with one of the team members slacking off?

It can work if the owners are on top of their operation, and it helps if those were the rules when the employee starts day one. If there's poor management or absent ownership someone who works harder will often get hosed. All I know is that since this practice has started it's worked really well for both the staff and the customers.

68 posted on 12/06/2005 1:05:41 PM PST by mitchbert (Facts Are Stubborn Things .)
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To: Born Conservative
I still don't understand why there is a tip cup at Dunkin' Donuts. They walk over to the rack, put the donut in the bag, and ring it up at the register. Why does that require a tip? they have one in the bagel place I frequent Sunday mornings. I use it to get rid of pocket change. I hate pocket change. If I am at the supermarket buying $2.01 worth of whatever, I will whip out my AMEX card rather than carry a bucks worth of change around with me.
69 posted on 12/06/2005 1:06:04 PM PST by Vaquero ("An armed society is a polite society" R. A. Heinlein)
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To: dollar_dog
Also, FYI, if you don't tip at least 12.5%, you are seriously screwing the waiter, because the IRS taxes him/her based on them receiving a 12.5% tip per meal.

I'm sorry, but if I tip the waiter less than 12/5%, then he's screwed himself. I've always considered myself a generous tipper... 15-20% for adequate service, more if it was better than adequate... but service seems to decrease in quality all the time.

I don't expect anyone to bow down and KMA, but courteous and prompt service provided by a person who seems to care about the job he's doing... it's becoming more rare.

When I do get a good waiter/waitress, they can count on being rewarded. It is grossly unfair that a good waiter should have to share his tip with someone who wouldn't rate a tip at all from me.

70 posted on 12/06/2005 1:06:40 PM PST by TontoKowalski
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To: FreedomCalls
"Don't you round up the next Euro?"

It was still DM last I was there ;). The service was included in the bill. The German family I would go out with didn't really tip unless the server was extra helpful with menu choices, finding a drink, or did something along those lines
71 posted on 12/06/2005 1:07:19 PM PST by tfecw (It's for the children)
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To: George14

This reminds me of the latest Stephen King mystery novel, where the guy officially tipped stingy, but slid good money in the waitress' pocket, so she wouldn't get screwed.


72 posted on 12/06/2005 1:07:32 PM PST by antiRepublicrat
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To: antiRepublicrat
not trying to be racial..Just an observation..I am sure this is NOT universal..BUT whenever I go to eat with coworkers of African descent, they don't tip. I don't push it. I tip or split it with whoever is going to split it with me.
73 posted on 12/06/2005 1:09:40 PM PST by Vaquero ("An armed society is a polite society" R. A. Heinlein)
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To: tfecw

LOL LOL LOL!

I should just simmer down. :-)

They do tip (10%) now even though there is a gratuity included.


74 posted on 12/06/2005 1:10:10 PM PST by saveliberty (The feed? Senator Ted thought it was part of the Big Dig. It's in the Esther Williams Tunnel now)
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To: frogjerk
I told the cabbie to step on it and there would be an extra tip in it for him. He made it to my car in unbelievable time and I gave the guy a $50 tip.

On my last return from Viet Nam I found myself coming out of a bar in Oakland to see the sun rising. My luggage was in a San Francisco hotel. I flagged down a Veterans Cab and told him if he could make it to my hotel, pick up the bags and still get to San Francisco International on time for my early morning flight it would be worth $50. This was in 1968.
He hauled butt – taking the wrong level on the bridge (against traffic) because it was quicker. My bags were at the curb. I made the flight.
75 posted on 12/06/2005 1:12:21 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: George14
The truth is, business owners are using the customer's tips which undeniably and indisputably are not intended for the business owner for the business's own interests. Such business practices are being allowed by our government even though such business practices are an illegal dominion over the customer's property. To put it simply, businesses are being allowed to steal the money customers present as tips. Now, the public is being expected to tip more because the workers are not receiving the financial benefits of the tips they have been presented.

AWESOME analysis!! Hands down!

76 posted on 12/06/2005 1:12:52 PM PST by mosquitobite (As the Iraqis stand up, we will stand down.)
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To: R. Scott
Did I miss something, or is this right one of the “certain rights” covered by the IX Amendment?

It's a penumbra of an emanation.

SD

77 posted on 12/06/2005 1:13:38 PM PST by SoothingDave
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To: George14
The largest thing I had against Bob Dole was that he went along with the tax act of 1986 (?) that forced restaurants and others that had tips proffered by customers to pay a tax on over 8% of their sales as though that was "tip income."

This is unconstitutional because it is a tax on income that may or may not even exist but for the discretion of the customer.

Dole was just a facilitator for the democRATs in a lot of issues.

78 posted on 12/06/2005 1:14:24 PM PST by nightdriver
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To: R. Scott

Wow. I am glad that you made it.


79 posted on 12/06/2005 1:14:41 PM PST by saveliberty (The feed? Senator Ted thought it was part of the Big Dig. It's in the Esther Williams Tunnel now)
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To: saveliberty
They do include the gratuity. They now look for an additional tip

I haven't been there since 1996 but will probably go back for holidays next summer (I have a close friend in Germany).

Thanks for the heads up.

80 posted on 12/06/2005 1:16:03 PM PST by mitchbert (Facts Are Stubborn Things .)
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