Is this illegal?

Treetop78759's Avatar
A very good friend of mine is a server at a very popular and very large restaurant.

She and all the servers and bartenders make great money and the majority of customers tip well. However, the majority of their AA customers don't tip and if they do it's not much.

There were days when she would get a majority of the AA customers and it killed her income. Sometimes two days in a row. The same thing would happen to others. One day they would get stuck with a chunk of the AA customers and their income would take a huge hit that day.

In order to fix the problem and make it as fair as possible management put a system in place where AA customers were never put in the same section back to back. This spread the risk amongst all of them as equally as possible. This solution has worked and everyone is fine with it.

I've heard the same thing about the national chain who always advertises ribs. They try really hard not to put AA customers in the same section back to back.

At the end of the work day it's about money so we can provide for our families and lifestyle. The same is true with them type people because they chose to keep more of their money and not tip.

Do people think it's wrong for a business to do this to them type people? Why would it be if the goal is about maximizing our income. They are not being turned away.

My main question is this. Is it illegal?
  • Unico
  • 07-19-2018, 12:00 PM
Seriously, where your mind goes is scary.
SamAnthem's Avatar
Relying on tips as your main source of income means you don't value your time, and that's stupid. Maybe tell your friend to renegotiate her employment. Boom problem fixed
ztonk's Avatar
  • ztonk
  • 07-19-2018, 12:30 PM
A very good friend of mine is a server at a very popular and very large restaurant.
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There were days when she would get a majority of the AA customers and it killed her income. Originally Posted by Treetop78759
Too bad she didn't accept your management offer...



My main question is this. Is it illegal? Originally Posted by Treetop78759
You might have better luck asking this in the forum where the lawyers hang out, unless you are just being provocative and not really interested in getting an answer.

z
Agent220's Avatar
To me this is something that should go into the Sandbox and not Co-Ed unless you have this "relating back" to the hobby.

To answer your question Tree (I am not a licensed attorney nor went to law school), I don't see this being a problem for the establishment.

Looking at this from a management standpoint (part of my degree background), there isn't any liability risk so long as the servers and cook staff aren't being discriminatory towards the AA guests vs any other groups. If all guests are allowed seating, access to enterprise and service then there isn't any undue harm.

The one exception would be if a big group of say 7+ came together to dine. Most places have rules and signage clearly stated that there is an automatic gratuity built in which in turn relieves the undue pressure on the server.

So legally, don't see it being an issue.

In terms of public opinion, you bet your last dollar that if I'm over public relations department of said restaurant, I'm partnering with Human Resources and the field team (Area Leader, District Manager and etc) to go ask the General Manager what in hell is going on in their restaurant. Because something like this give a bad remark towards the entire operating chain.

This is one of the reasons why Starbucks, CVS, Waffle House, etc... have taken strict actions on their leadership staff in the stores as well as invest in diversity awareness to educate and inform the employees what is and is not acceptable in their stores.
Agent220's Avatar
Now if you want to relate this to the hobby, since it is not sanctioned therefore moot point.
ztonk's Avatar
  • ztonk
  • 07-19-2018, 04:10 PM
To me this is something that should go into the Sandbox and not Co-Ed. Originally Posted by Agent220
Good point; moved.

ztonk
I read a study about this subject a long time ago. They said the main reason was lack of income and understanding about how these servers get paid.

If you can't tip then you don't go to a restaurant. I usually tip around 50% of the bill. I like seeing them light up when they see it.
Treetop78759's Avatar
Relying on tips as your main source of income means you don't value your time, and that's stupid. Maybe tell your friend to renegotiate her employment. Boom problem fixed Originally Posted by SamAnthem
The problem has already been resolved without them people knowing. I was asking if it was legal.

Your response didn't surprise me since you are one of them type people. Change the way the entire service industry is structured versus doing the simple AA Shuffel.

Question. If someone in the service industry who depends on tips has no self value what does that say about YOUR self value? Selling $40 tricks out of a cheap hotel for a gold tooth pimp?

By the way, why don't you see your own type people? Is is because they are cheap or unpredictable and dangerous?
winn dixie's Avatar
Precious_b's Avatar
I would guess if you were to split up all ethnic groups (or however you divide up classes of people) to be evenly distributed to all areas of the restaurant, no legal grounds could one stand.
RamTheJam's Avatar
The "very good friend" is only a fantasy. He is describing himself here, and is just pissed from being fired from the Red Lobster ...bet.
It's likely a violation of the Civil Rights Act. They should split the tips among all the waitstaff and not have to separate by race.

Separating customers by race, religion, gender, or likely sexual preference is very likely illegal.
Precious_b's Avatar
Zen, I know some places that do that. Everyone pools their tips and then it is distributed amongst the staff a certain percentage way.
Buck Fitches's Avatar
I used to work at a restaurant a long time ago. Yeah, every negative stereotype you hear about blacks behaving badly in restaurants is 100 percent true. Even the black wait staff hated dealing with black customers.

And I'm sure if you got a job as a cop, you would notice that black people behave badly everywhere, not just at restaurants.