Subminimum wages reinforce the notion that food service is not serious labor and that payment for that work should be conditional.
During the pandemic, many restaurants have re-examined the concept of tipping, which has been shown to create pay inequity and encourage racism and sexism. The solutions are complicated.
The pending rulemakings involve legal questions that are frequently tested in Dept. of Labor investigations and in class actions pitting plaintiff’s attorneys and unions against management: contractor status, joint employment and tipped wages.
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