is it leagal or illegal for waitresses in b.c. to share or not share theyre tips with dishwashers in restraunts ?

    I don't think its fair a lot of dishwashers have quit for this reason but I need the money I think its wrong but I want to know if its legal

    0  Views: 291 Answers: 1 Posted: 7 years ago

    The same practice happens here in the USA too (sharing tips). I have never agreed with this practice because I know that even a bus boy is paid a higher hourly rate than the waitstaff does. The waitress and waiter take the brunt of abuse from the patrons who want their food to be "just so" and get upset if it is not "just so" and take it out on the waitress or waiter even though it might be the fault of the cook or the inferior food the restaurant serves. The waitress or waiter has to take the abuse, remain professional, sooth the wounded pride of the patron who thinks to much of him/her self just to hopefully get some kind of tip to offset the lack of a decently hourly wage. Where is the dishwasher in all this? He's out back watching an automated machine run dishes through a wash cycle or at a table collecting dirty dishes, after the verbally abusive patrons have left. I think this practice of sharing tips the waitperson has earned on their own needs to be outlawed everywhere.

    If there weren't people behind the scenes, the wait person wouldn't have anything to take to the surly, ungrateful patron, nor anything upon which to serve it.
    Prompt service and well-prepared food served attractively does NOT come from the server. Making sure the food is served that way IS the server's responsibility.
    The percentages should be figured accordingly, and I'm not in a position to decide what "accordingly" is.

    The people behind the scenes make better pay per hour than the waitstaff does. They are compensated already from their higher pay. The tips a waitress or waiter earns all through history up until some genius decided to change it was part of their pay which is why some states allow the owners to pay the waitstaff less than minimum wage. It's an unfair system for the waitstaff as they are earning money for themselves along with all the other workers in the restaurant and the practice should be outlawed in my opinion.

    It's difficult to believe a dishwasher makes more than minimum wage. It may be so where you live, but highly unlikely here.

    1 Answer

    I couldn't specifically find the answer to your question, but I got this quote from an article about a waitress whose restaurant was taking all the tips, pooling them, and doling them out by percentages to managers, hosts(esses), wait staff, and kitchen staff.  

    B.C. employment standards law states restaurants can't use tip money for business expenses. Federal tax rules also dictate that if tips are "controlled" by the employer, if management collects and then redistributes the money, it is taxable and EI and CPP must be deducted.

    I didn't see anything that prohibited a wait person from sharing tips with a dishwasher, nor did I see anything that said a wait person HAD to do so.  Sorry I'm not more help.

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