<p>Parents, I was hoping someone with knowledge of employment laws (in DC, if it matters) might be able to help me.</p>
<p>I wait tables. My employer is planning a special PR event–absolutely mandatory for employees, even those who normally do not work the particular day of the week on which it falls. Hundreds of people attend for free. We are not allowed to solicit or even accept tips. For this eleven or twelve hour work day (which includes hours of heavy lifting) each employee is ‘paid’ with a gift card to other area restaurants. I can’t remember if the card’s value was $50 or $100, though I know that probably makes a difference.</p>
<p>Can anyone offer guidance? Quitting my job is absolutely not an option, but as this event falls on a day that I normally work, it is a financial hardship to be paid in a gift card (after all, my landlord and power company won’t take a gift card!). I’m just curious about what wiser people have to say.</p>
<p>AiHY – I am not in DC, but I suspect there are two different minimum wages, one for tipped people, one for not. I am not certain but I think the non-tipped people get around 8/hour. </p>
<p>– you should first find out – are you getting your normal 2.77 – even so, the lower minimum wage only applies to the extent tips make up the different. What I dont know, is can they average all this out over a week. IMHO, a gift card is not cash, here are some people who might be able to talk to you. </p>
<p>Office of Wage-Hour
64 New York Ave., NE
Room 3812
(202) 671-1880
Workers’ Rights Clinic
1525 7th Street, NW
every Wednesday
6:00 to 8:00 p.m.
Asian Pacific American
Legal Resource Center
(202) 393-3572
Help is available in Chinese,
Korean, Vietnamese and other
Asian languages.</p>
<p>Kay
Gift cards are considered cash and are reportable income.
Our departments are no longer able to offer gift cards as incentives/prizes; actual items must be used.</p>
<p>There is no way gift cards can be considered compensation for minimum wage purposes. The employees must be paid minimum wage at whatever the correct rate for that state is. According to the internet, the tipped rate in DC is $2.77 per hour and the tips must make up the difference such that the rate is at the minimum of $8.25 per hour. As was stated earlier, whether this can be averaged I don’t know.
In California an employer would never get away with any of this. The law here is 8 hours in any given day is it and after the 8 hours everything is overtime. Doesn’t matter if you only work one day a week. Anything which is deemed mandatory by the employer must be paid at the correct rate. This includes team meetings, group lunches, etc. </p>
<p>That said, the OP does want to keep her job. If this is a once a year thing and otherwise the owner is in compliance with labor law, the OP may not want to push it.</p>
<p>In my state, wage violations can be reported anonymously, so agian I suggest OP contact the DC people listed. This type of stiffing of employees is dispectable. If I knew who the business was, I would not eat there.</p>
<p>I dont care if it is once a year or not, it is not right.</p>
<p>I agree with kayf: This is not right, and it is not legal. </p>
<p>Wage and hour laws require certain amounts of time off after certain amounts of time on. As someone above said, there’s usually time and a half after a certain number of hours – although I think that’s hours per week, not per day. Minimum wage must be paid – therefore, since you can’t get tips that day, your employer must pay the real minimum wage. Gift cards don’t make that up. And your employer is not, I believe, required to make people come in to work if it is their regular day off.</p>
<p>If you want to keep the job, then show up for the extra, PR event. Is there some charity or community outreach aspect? Colleges like outreach and community involvement. The gift card is a bonus.</p>
<p>What ever the regulations say, in every job occasionally you will be asked to put in, for marketing, PR whatever, of non-billable time. In consulting, it is usually about 10 hours a week. Without the work coming in the door, no one gets paid. PR, marketing, and community outreach - for free - are just part of the program. Smile!</p>
<p>Toadstool, I disagree. Yes, in consulting, and other jobs where one is exempt from overtime, one doesn’t work a straight 35 or 40 hours. However, this worker is an hourly worker, and part of her compensation is tips. She is being prohibited from getting part of her compensation.</p>
<p>Toadstool, I totally totally disagree. She is not a volunteer or an exempt employee (i.e., exempt from wage laws as many consultants and executives are). I hope in your business you do not ask non-exempt people to work without getting paid. Its wrong. Its illegal. When Walmart get caught doing it, they paid a heft fine.</p>
<p>I am exempt – and yes I put in more than 40 hours a week. BUT – I analysize whether my annual salary and bonus is fair. To expect low earners to work for free or lesser cost ARE NOT PART OF ANY WAITRESS PROGRAM. We have paid interns where I work. I have made it clear to any who report in to me that every hour gets charged. </p>
<p>I would hope colleges would have more respect for a kids who stood up for herself, and the non-students working low-wage jobs. </p>
<p>If you want to set up a non-paying internship program, there is no reason you can’t. But if someone is an employee they have to paid according to all relevant rules and regulations.</p>
<p>And OP labels this as a PR event, presumably for the restaurant – chain. Not a charity – but even if it were – they should be paying her the non-tip minimum wage. She may not even want or ever use a gift certificate at the chain.</p>
<p>definitely a violation of federal labor law (and likely DC, too). Yes, you can get paid in a debit-type card, but that is backed by hard earned cash that you can withdraw from an ATM or spend anywhere you choose. A gift card to a local restaraunt does not pass the test of “cash equivalent.”</p>
<p>And of course, working more than 8 hours requires OT.</p>
<p>Its only against labor laws if you were promised standard currency for work and they gave you the gift cards in a bait and switch maneuver. Your employer is telling you that he will pay you in gift cards and if you agree to work then you agree to the gift cards. If you don’t want the gift cards then ask for standard pay and if they refuse then quite and get another job. </p>
<p>Employment is “at will”, so you have the will to leave at any time and the employer can fire you for any reason. Even race, sex, or religion.</p>
<p>All of this information is extremely interesting and useful.</p>
<p>A couple points: First, this event is not for charity. Second, I have already graduated college. This job is my sole means of support, and I currently support my two-person household by myself. That is why I care so much–one day without real income is one day I cannot afford. Third, the gift card will be for another local restaurant.</p>
<p>On the other hand, I can’t afford to argue the point with my employer. I may try to speak with a manager about being assigned to the regular restaurant section for the night (the PR event occupies only part of the restaurant and the rest remains open for business to the public). My employer does not make a habit out of this sort of behavior, but I do find it really distasteful and off-putting. I wish more of my co-workers felt the same.</p>
<p>While you’re vague about the “PR event”, since you work in a restaurant, I assume it involves feeding and supporting the local community. Those are the people who make your restaurant work, by coming in regularly. Serving them cheerfully and well will pay off long term.</p>
<p>That said, losing a day’s pay is a hardship. You could discuss it with your employer: “I love working this event, but I was counting on the money to pay my rent. Could I work an extra half-day the next two weeks to make up the money?”</p>
<p>(You may also be able to deduct the value of your time as a charitable contribution on your taxes. There are limits on that, though.)</p>
<p>How about: “I cannot afford to work during my regular hours without my regular pay. I need to work in the regular section of the restaurant that night.”</p>
<p>Then, if the employer won’t put you there, call the Wage and Hour people to report him. The restaurant is stealing from you – stealing your time. Offering to work extra to make up your lost compensation is hardly fair to the worker.</p>
<p>At least your employer is giving you a gift card. When my employer has a “special event” we are expected to show up without compensation at all. In my job, these events are held in evenings and on weekends. They are the types of things …if you go, no one notices. If you do NOT go, everyone notices.</p>
<p>I agree…if there is a charity component, that would be wonderful.</p>
<p>Aihy – I strongly suggest you call one of the numbers I posted. At a mimium, they may contact the media on your behalf. All the people talking about “career” putting in hours etc – I wonder how many are waitresses? I doubt any. The advice for an executive, or even one in training, may not translate well for wait staff. </p>
<p>Birdseye – Yes, employers can fire people for complaining about wage law violations, and for race and sex. And they can get sued. There are extreme penalties for this. And I would suspect in our new administration and in DC there will be more and more penalites.</p>
<p>Thumper, the OP is a waitress – if you are an exempt employee, your employer can do this. If you are not exempt, I would suggest you contact state wage law violation people.</p>
<p>When Bank of America demanded that employees “adopt an ATM” and clean on their own personal time, they got their clock cleaned. In the current recesssion some employers will take advantage of people – they should be reported to the appropriate authorities.</p>
<p>Just want to emphasis that for those who have missed it.</p>
<p>I’d call the wage board in DC to find out exactly what your rights are; that’s what I did when I worked for a store in DC that paid some of its employees – the ones who could least afford this – in cheap clothing rather than in cold hard cash. (Yes, I reported my employer; he was breaking the law. Yes, he was ticked off; I was fortunate in that I was not the one being cheated out of pay and that I had a part-time job at another store that was happy to take me on full-time.)</p>
<p>Even if you do not report your employer, find out what your rights are. </p>
<p>I like the suggestion of telling your employer that this is a financial hardship for you and that you would therefore prefer to work the regular section of the restaurant that night.</p>