Amy's Baking Company closed

[Darsithis]

I would love to find a source that says ABC violated the law with their contract then we all could put this whole thing to rest.

We don't need a source to say they violated the law. Federal regulations state that an employer cannot take an employees tips under any circumstances. Therefore, the contract is unenforceable.

[Thage]

You keep repeating and I have acknowledge but you fail to understand my point of view. They did sign a contract that they would not take tips, I have been trying to find anyone saying that contract is illegal and all the news sites slamming Amy's baking company never said anything in the contract was illegal.

I am in no ways saying every thing in the contract is legal but until I find proof the contract was illegal I will hold my opinion they did nothing illegal.

You can hold whatever opinion you want. A contract like the one Amy's employees signed violates their right of freedom of association as well as their right to seek employment by essentially locking them out of the ability to seek employment anywhere in town if they're fired, and with Amy's turnover rate, that would have left half the town's youth (hyperbolic figure for rhetoric and perspective) unable to work because of a single contract. A good lawyer wouldn't be able to win that case, never mind whatever sleazy hack those two would inevitably hire.

[Endus]

You sure took them serious when you miss read that they said Amy's could be prosecuted.

"Agreeing with what I assumed their conclusion must have been because the alternative was too stupid to consider" is not an agreement that they're some kind of authority.

It just turned out they WERE that wildly off-base.

Edit. Does it still belong to the employee if a contract was signed that they wouldn't accept tips?

Since that term breaks the law saying that employers cannot require such, absolutely yes. Same way employers can't have employees sign contracts saying "yes, it's okay if our employer ignores basic safety procedures required by law".

[zenkai]

We don't need a source to say they violated the law. Federal regulations state that an employer cannot take an employees tips under any circumstances. Therefore, the contract is unenforceable.

Those same sources are talking about 2.13 hour wage and says nothing about a contract. I understand and respect your opinion, I am just stating mine. I am in no way saying you're wrong. I am just amazed that no news article would say that the tipping clause in the contract was illegal.

[Darsithis]

Those same sources are talking about 2.13 hour wage and says nothing about a contract. I understand and respect your opinion, I am just stating mine. I am in no way saying you're wrong. I am just amazed that no news article would say that the tipping clause in the contract was illegal.

I'm not sure why you're so focused on the news article, as if that is the purveyor of truth over the actual federal guidelines linked earlier in this thread.

[Endus]

Those same sources are talking about 2.13 hour wage and says nothing about a contract.

You've already been told that this isn't true. They do not specify any particular wage, and the wage is only relevant for determining what the employer needs to pay to "top up" an employee's salary when tips fall short. If you're paid above that amount, it just means they're not obliged to top up, it doesn't mean anything else changes regarding tips.

I understand and respect your opinion, I am just stating mine. I am in no way saying you're wrong. I am just amazed that no news article would say that the tipping clause in the contract was illegal.

This isn't about opinion. The law is set out, and it's black and white. You've provided literally no source to defend your argument.

And no, a friend of the family saying a bunch of stuff isn't a defensible source.

[Jtbrig7390]

Edit. Does it still belong to the employee if a contract was signed that they wouldn't accept tips?

Yes.

Just like how if you sign a contract to be my slave you are not my slave due to slavery laws.

Federal guidelines was linked in the thread and nothing trumps that. Just like how its illegal by federal law to have weed. Ya there is some states that allow it doesn't change the fact on a federal level its illegal and you can still be locked up for it.

[Rennadrel]

I saw an article about that contract they signed. it was so shitty. I'll see if I can find it again.

- - - Updated - - -

Here's the contract.

http://www.eater.com/2013/6/28/64118...crazy-contract

Who the fuck would sign that? Good to know that Amy was as much of a psycho bitch as a head chef as she was as a manager.

[Tyrianth]

Who the fuck would sign that? Good to know that Amy was as much of a psycho bitch as a head chef as she was as a manager.

That contract would be laughed out of court in Canada. Any part of it.

[Sakki]

Non compete agreement for wait staff? That's what should be illegal. Not like that's highly skilled labor. Government has been slacking on worker rights for a long time and shit like this is the result.

Dont you have to pay your past employees for non-compete agreement? Atleast that is how it works in Europe, you have to pay them atleast 50% of their average month salary (each month for duration of agreement).

[zenkai]

Damn this is sad, I had to use BING! To find this

Petition - https://www.change.org/p/the-us-depa...-scottsdale-az
Up to date
https://www.change.org/p/the-us-depa...e-az/u/3801435


May 26, 2013 — Okay, so HMA Public Relations contacted me with an OFFICIAL statement about the State's involvement, "There is no specific law in the State of Arizona that determines whether a tip received for service is the property of the employer or the employee in cases where the employer is paying state minimum wage. There may be specific federal law that addresses this issue."

This may seem like a setback, but it's not! Now that my health is strong enough to keep up the fight again, I'm renewing my efforts 110% stronger than before -- and I hope you all will, too! We can't declare VICTORY until the US Department of Labor makes a move toward a decision (hopefully toward justice for the servers!), so we still need YOUR support! If we stop now, they may not follow through.

This statement also means that we're making waves with people. We're also making our voices heard in the media -- and we should NOT be silent until we know...beyond a shadow of a doubt...that the DOL is going to move on this!


Well it looks like people tried to get it federally investigated but state was like "nah"

[Kathandira]

I hate non-compete agreements. As a musician I have to deal with this bullshit pretty often. If I agree to play a club on Friday night, I am not allowed to play within 50 miles of that place for upwards of 2 weeks or more.

As a local band in Nj, that is decent amount of clubs I cannot play within the same week. Very annoying, and it is taking money out of my pockets.

[Tyrianth]

Damn this is sad, I had to use BING! To find this

Petition - https://www.change.org/p/the-us-depa...-scottsdale-az
Up to date
https://www.change.org/p/the-us-depa...e-az/u/3801435


May 26, 2013 — Okay, so HMA Public Relations contacted me with an OFFICIAL statement about the State's involvement, "There is no specific law in the State of Arizona that determines whether a tip received for service is the property of the employer or the employee in cases where the employer is paying state minimum wage. There may be specific federal law that addresses this issue."

This may seem like a setback, but it's not! Now that my health is strong enough to keep up the fight again, I'm renewing my efforts 110% stronger than before -- and I hope you all will, too! We can't declare VICTORY until the US Department of Labor makes a move toward a decision (hopefully toward justice for the servers!), so we still need YOUR support! If we stop now, they may not follow through.

This statement also means that we're making waves with people. We're also making our voices heard in the media -- and we should NOT be silent until we know...beyond a shadow of a doubt...that the DOL is going to move on this!


Well it looks like people tried to get it federally investigated but state was like "nah"

There is a specific Federal Law though... and it was already linked here. lol

The Federal law being the Fair Labor Standards Act, which does in fact say that tips are the property of the employee...

[Deleted]

I find it funny that a lot of people on these forums have advocated that we shouldn't have to tip people for their jobs that they should be paid a higher wage, Amy does it and gets slammed for doing it. LOL.

8$ / hour is considered a "higher wage" *snort* ok buddy

[zenkai]

8$ / hour is considered a "higher wage" *snort* ok buddy

8-12hr is a 376-563% increase from 2.13

Math is your friend

[Tyrianth]

Damn this is sad, I had to use BING! To find this

Petition - https://www.change.org/p/the-us-depa...-scottsdale-az
Up to date
https://www.change.org/p/the-us-depa...e-az/u/3801435


May 26, 2013 — Okay, so HMA Public Relations contacted me with an OFFICIAL statement about the State's involvement, "There is no specific law in the State of Arizona that determines whether a tip received for service is the property of the employer or the employee in cases where the employer is paying state minimum wage. There may be specific federal law that addresses this issue."

This may seem like a setback, but it's not! Now that my health is strong enough to keep up the fight again, I'm renewing my efforts 110% stronger than before -- and I hope you all will, too! We can't declare VICTORY until the US Department of Labor makes a move toward a decision (hopefully toward justice for the servers!), so we still need YOUR support! If we stop now, they may not follow through.

This statement also means that we're making waves with people. We're also making our voices heard in the media -- and we should NOT be silent until we know...beyond a shadow of a doubt...that the DOL is going to move on this!


Well it looks like people tried to get it federally investigated but state was like "nah"

https://www.reddit.com/r/legaladvice...ment_contract/

Posted here for more advice from people who know more about US law than probably most of us here. And so far the first answer is no, it's not legal.

[zenkai]

Exactly - it's just restraint of trade, total bullshit. Article in NYTimes about it:

http://www.nytimes.com/2014/06/09/bu...y-of-jobs.html

Non compete clauses for summer camp jobs. For hairdressers. Half the nation's engineers have signed non-competes, with a third lasting more than a year.

This results from large organized entities (corporations) being able to negotiate with unorganized labor. They hold all the leverage, which is why the government should step in and regulate it.

Yeah, I had to sign a no compete clause for the last 2 companies I worked for, both where 2 years, after leaving the company.

[Kathandira]

8-12hr is a 376-563% increase from 2.13

Math is your friend

The thing is though, $8 is less than a typical server could make if they were collecting tips. $12 an hour is closer to what it comes down to.

At 30 hours a week (most places won't allow you to be on the clock close to full time, else they have to pay you benefits) times 4 weeks is 120 hours a month. You can expect to make between $300 and $400 a week. Using a figure of $1,500 a month (which is pretty realistic for a server) divided by the 120 hours you would average out at, you have $12.5 an hour.

So they aren't getting a higher wage, they are really only getting stability. Which me personally, would have been more than happy with.

[Tyrianth]

The thing is though, $8 is less than a typical server could make if they were collecting tips. $12 an hour is closer to what it comes down to.

At 30 hours a week (most places won't allow you to be on the clock close to full time, else they have to pay you benefits) times 4 weeks is 120 hours a month. You can expect to make between $300 and $400 a week. Using a figure of $1,500 a month (which is pretty realistic for a server) divided by the 120 hours you would average out at, you have $12.5 an hour.

So they aren't getting a higher wage, they are really only getting stability. Which me personally, would have been more than happy with.

$300-$400 a week? My boyfriend is a server and takes that home in 3 shifts lol

[Sunseeker]

Who the fuck would sign that? Good to know that Amy was as much of a psycho bitch as a head chef as she was as a manager.

Stupid kids who we teach nothing about the law, contracts, what is or isn't legal, how to spot a raw deal, etc...

...because it is in big businesses' interests to fuck them until they smarten up.