So the thing I am scared about is that there are a lot of undocumented workers in this restaurant and I fear sacrificing their job if I contact the labor department?
I have heard of a tip out percentage going to the other staff, which isn't uncommon. Generally the tip out wouldn't be reimbursed to the server. However if the rest of the staff isn't getting their tip out pay, then that's a big red flag.
Perhaps it's an honest mistake if it's a new computer system or they messed up the implementation. It could potentially be worth a conversation with the employer and just treat it as an innocent question.
If they don't get it resolved, definitely bring it to the state labor board. I'd bet that most states the labor board isn't going to care if the workers are undocumented, but that will in fact make the labor board more upset, because the employer is not only hiring undocumented workers, but is also using their status to steal from them.
For sure at first we did consider the possibility of it being an honest mistake but a bartender who has papers complained about not receiving his tip out and from what he told me the owner of the restaurant just acted oblivious and didn’t provide any course of action to reimburse him. At this point I do believe he is actually just pocketing the money from us server and using that money to pay his staff and thus having free labor.
Contact your state department of labor. They'll have a field day and get you and/or your colleagues your tip money back.
So the thing I am scared about is that there are a lot of undocumented workers in this restaurant and I fear sacrificing their job if I contact the labor department?
That is a risk, but that’s what the owner is probably counting on
I know that’s what makes it difficult.
And wouldn't the owner get in trouble for hiring undocumented workers? On top of everything else they probably doing
I have heard of a tip out percentage going to the other staff, which isn't uncommon. Generally the tip out wouldn't be reimbursed to the server. However if the rest of the staff isn't getting their tip out pay, then that's a big red flag.
Absolutely a red flag and I don’t know if I can stand another day being an employee who pays his employer under the table in cash every night.
Perhaps it's an honest mistake if it's a new computer system or they messed up the implementation. It could potentially be worth a conversation with the employer and just treat it as an innocent question. If they don't get it resolved, definitely bring it to the state labor board. I'd bet that most states the labor board isn't going to care if the workers are undocumented, but that will in fact make the labor board more upset, because the employer is not only hiring undocumented workers, but is also using their status to steal from them.
For sure at first we did consider the possibility of it being an honest mistake but a bartender who has papers complained about not receiving his tip out and from what he told me the owner of the restaurant just acted oblivious and didn’t provide any course of action to reimburse him. At this point I do believe he is actually just pocketing the money from us server and using that money to pay his staff and thus having free labor.
Pay their hourly rates^
And by that, I mean the labor board isn't going to retaliate or take action against the workers simply for being undocumented.