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Legality of restaurant in DC?

I work in a restaurant in DC, and need a few questions answered concerning taxes and minimum wage.

The first concerns my hourly wages and taxes. When I began working there, I was never given a form to fill out for tax claims, and every two weeks (regardless of the number of hours I work or how much I make in tips) I receive a voided check; apparently everything goes straight to taxes. I also don't claim my own taxes.

My second question is about the minimum wage... Once a week I work as a busboy and am paid $25 for a 6-7 hour shift. In this restaurant, busboys also act as baristas and food runners, and they receive 20% of the servers' tips. If this means that the busboy only qualifies for the minimum wage for servers, the $25 isn't so bad, but if the busboy should receive regular minimum wage, I'm getting screwed...

Is anyone very familiar with this topic or know where I should turn for advice?

4 Answers

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  • 1 decade ago
    Favorite Answer

    contact legel aide. You are being abused.

  • 1 decade ago

    server and busboys and ANY tipped employees receive a tipped employee minimum wage which is DC is 2.13 an hour. and they are claiming for you. any restaurant that has been audited claims for their employees. they are most probably claiming a formula of something like this...

    100% of your credit card tips plus 10% of your cash sales. they are doing this to protect themselves and the servers from being audited. Servers hardly ever get paychecks because almost all of you income comes from tips. I am a bartender and have been in the service industry in DC and Northern VA for almost ten years. I have not seen a paycheck in that long. and the check should not say void. It should say 0.00 and non-negotiable. which means that your taxes were more then you made hourly. As a server you pay taxes at the end of the year instead of getting a refund.

    No one else that had answered your question has ever been a server.

    And it isn't a server minimum wage... it is a tipped employee minimum wage... so it is cool that they are giving you $25 dollars on top of that because they don't have to if you are getting tipped out.

    Source(s): ten years of experience.
  • 1 decade ago

    Suggest visiting this DC Employment Services site and see if you find the answer to your question. If not, I'd call them directly.

  • you should talk to osha. If it's not the appropriate one contact the U.S Department of Labor.

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