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Comment by amrocha | Hacker News Reader

Nobody gets paid less than minimum wage. The employer needs to make up that difference if tips don’t cover it.

Agree. I think this is nearly an imaginary problem. Although plenty of crappy restaurant owners and the economics of the industry make scamming employees an occasional occurrence. Thankfully all those employees usually have the ability to pick up a new job anytime anywhere. So, it’s not like we have a perpetually entrapped underclass of people getting paid peanuts and being exploited

And all employees know of those rights, and all employers freely give them?

Personally, I don't believe that at all. I do conceed that, if this were the case, things would be fine.

I think employees know about it, but don’t say anything because it marks you as a low performer, and it’s very easy to fire low performers.

At the same time, employees know that tips are incredibly lucrative for them, and would rather have a sub minimum wage day every once in a while for the on average above minimum wage pay. There’s a reason servers don’t want to get rid of tips.

That being said, none of this is my problem as a customer. If you choose not to pursue your rights that’s on you at the end of the day. I’m not going to feel bad that your scheme to have me subsidize your wages failed.

I think they are saying that employers are breaking the law.

Ok, so bring it up with the NLRB.

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