Couple Busted for Refusing to Pay Tip :blink:

[Usui Takumi 1,562]

FOLLOW UP:

Bethlehem Township police dropped theft charges against two college students who refused to leave a tip at a Lehigh Valley restaurant for what they said was lousy service.

John Wagner, 24 and Leslie Pope, 22, were hauled off to jail and charged with theft last month after they refused to pay a $16.35 mandatory service fee charged by the Lehigh Pub on East Fourth Street. The couple only paid $73.87 of the $90.22 bill.

The pair, who ate at the now infamous pub with six of their friends, claimed they waited more than an hour for their order. Pope claimed she had to go to the bar to get her drink refilled and pick up her own silverware.

Northampton County District Attorney John Morganelli said Pope and her friend were right and recommended to Bethlehem police that the charges against the couple be dropped, according to the Allentown Morning Call.

“It would not be the kind of case that should be processed criminally, Morganelli told the paper. “It was one of those matters that should be processed civilly.”

Pope, who has interviewed with media outlets across the country, told The Express Times, she is grateful she has be vindicated and looks forward to her day in court.

“It’s been six days. It didn’t take long,” she said.

The case captured nation attention and bought into question whether customers should pay a tip regardless of the level of service they receive.

NBCPhiladelphia.com receive more than 3 million web hits and 2,000 comments from viewers about the incident.

An attorney for the Lehigh Pub said he was a bit surprised by the news.

“We do not agree with the facts as presented in the press last week. Sheenan told the Morning Call. “This is the subject of an ongoing investigation by the Bethlehem Police Department, not Lehigh Pub, and we will defer to them as the legal process plays out.”

Both Pope and Wagner are expected to appear on CNN Tuesday.

[Niels Bohr 72]

Sounds like the Pub is not asking for forgiveness or even attempting to apologize. Making a big mistake. Nobody will eat there ever again. She let the cat out of the bag.

Edited November 23, 2009 by Niels Bohr

[Chica Yeyé 41]

So when is the lawsuit coming???

[Usui Takumi 1,562]

So when is the lawsuit coming???

When they are finished over at CNN lol.

[Heracles 417]

I always thought they make you wash dishes if you don't pay your bill.

But it's a crazy field, daughter works part time as a waitress, gets paid practically nothing, so only income is tips, told her to shake her butt when she leaves a table.

I understand why there is a tip system in the US but I think it should be illegal to pay under minimum wage to servers.

You mean servers are not paid minimum wage here? Eating out is not exactly cheap here. If the high cost of food does not pay for people's salaries, what the heck does it pay for?

Edited November 23, 2009 by Booyah!

[Usui Takumi 1,562]

Question: Is it legal for waiters and waitresses to be paid below the minimum wage?

Answer: According to the Fair Labor Standards Act, tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.

An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $7.25 per hour effective July 24, 2009. An employer must pay at least $2.13 per hour. However, if an employee's tips combined with the employer's wage of $2.13 per hour do not equal the hourly minimum wage, the employer is required to make up the difference.

The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

http://www.dol.gov/wb/faq26.htm

So effectively the employer is passing on the responsibility to the patron to pay his staff. They are even starting to do it will healthcare.

http://blogs.wsj.com/health/2008/04/03/in-...estaurant-bill/

Edited November 23, 2009 by Sousuke

[Niels Bohr 72]

Wow. Waitress/Waiters gets paid min. 2.13/hr? Crazy.

[Usui Takumi 1,562]

I should add that i've only seen one place give me a bill with the health tax on it and it was in a touristy area (fisherman's wharf). Most do make it up internally.

[Chica Yeyé 41]

Wow. Waitress/Waiters gets paid min. 2.13/hr? Crazy.

Minimum in WA is 8.55 -- still quite sh1tty.

but I thought I heard that employers would no longer be allowed to use tips as income?

[Usui Takumi 1,562]

I don't think the Federal Government does but states might. In fact, I think California is one state that does...maybe Washington does?

Edited November 24, 2009 by Sousuke

[Chica Yeyé 41]

I don't think the Federal Government does but states might. In fact, I think California is one state that does.

that is so fvcked up. Considering all the ####### servers have to through you know? Not the ones in this case, but the good ones who actually give a damn

[Heracles 417]

That is ridiculous. Heck, why not just bring back slavery or child labor. Tip should not be a salary but a bonus for doing their job well.

Tips allow an owner to get out of paying someone, while banking the $$$ for themselves.