It’s common knowledge that the average American waiter makes terrible wages. Ever since the Fair Labor Standards Act of 1966 (FLSA), all servers have been paid less than 50% of national minimum wage. Why is that?
The most recent change to minimum wage in the United States, $7.25 per hour, occurred in 2009. Many states have their own laws, and employers must comply with both the federal and state regulations. Texas matches the Federal price of $7.25, but only for nonexempt employees.
Waitstaff are a part of this exemption. Employers, by law, are obliged to pay at least $2.13 an hour, less than a third of the otherwise normal hourly rate.
Now, laws state that if the tips and hourly wages don’t add up to $7.25, the employer is forced to pay the difference. On paper, this sounds fine, great even. But the reality is that many servers live paycheck to paycheck, struggling to get by. The lowest paying jobs in Texas, in fact, are mostly all food service or personal care careers.
I believe this is unfair. Many higher paying jobs require less experience and demand less, physically and mentally. Many will make the argument of tips making up for the difference, and this is sometimes true. But often, patrons refuse to tip waitstaff, leaving pocket change or nothing at all.
Alex, a local server at Sky Bar Steak and Sushi, shared his thoughts. “It’s unfair. The clientele varies from day to day, season to season, and holiday to holiday. We as servers can’t rely on tips to make a living. I believe that a tip percentage should be required, but of course servers should be held to a higher standard of service if that’s the case.”
I agree, as the solution to this issue is simple. Either make an 18% tip mandatory and keep the smaller wages or raise the wages to begin with.
Danny Heart, the owner of this restaurant and the one who signs the checks, declined to comment. Working 8-to-12-hour shifts is demanding and difficult, especially for a measly wage of 31 thousand a year. A truck driver, for example, although perhaps being forced to drive at night, gets paid 55-60 thousand annually … for driving.
There is a solution. Waiters and dishwashers in the European Union earn a living wage, no tipping necessary. No one tips in Europe because the governments pay a living wage to waitresses, waiters and dishwashers.
