Nightmarish Arizona Restaurant Has Some Of The Strictest Employee Rules...

[Carjosse]

lol, the crazy couple from Amy's Bakery... what utter nutjobs. Words cannot describe, just watch:

These people make Gordon Ramsey look quiet and polite.

 

[poweRob]

Not to derail the thread, but I even have issues with servers "tipping out" other co-workers. Hostesses, bus people, bartenders, etc. First, that's not who I'm tipping. Second, bartenders get their own tips*. Third, none of those people has a direct influence on my dining experience like a server does. What happens behind the scenes is not my concern and I have no way of knowing if they earned a portion of my tip by doing a good job, or not.

*- In most places that do this, bartenders are not expected to reciprocate for food delivered to the bar, but some places do.

I worked during the Masters in Augusta, GA at a really fine French restaurant as a bus boy but my duties crossed over a lot with table service. Bus boys were respoinsible for keeping water glasses full and bread constantly on the table and we helped the waiters carry out their food trays. So they tipped us out for making their service flow smoothly to the customer. It wasn't mandatory. After you gave your money to the waiter, it was theirs to do with what they want.

 

[poweRob]

I don't know much about labor law. Which ones are illegal?

The only one that strikes me as probably illegal is the one on tips. And I'm only inferring it's probably illegal because, as I recall, the IRS assumes waitstaff make a certain amount in tips for taxation purposes.

The no compete clause is kind of silly to apply to a waiter but they aren't illegal to the best of my knowledge.

The fine is over the top - though I'm betting the type of business has problems with staff no shows on holidays and weekends - but again I'm not sure it's illegal if the employee agreed to it as part of their employment agreement.

I would think that fining an employee for not showing up might be illegal. They are already hourly employees not showing up for work so they aren't getting paid... assessing a fine on an employee... I can't see that being legal at all.

 

[poweRob]

These people make Gordon Ramsey look quiet and polite.

I know... he's usually the dick. These people were the ones losing their minds and he just got calmer the more nuts they got. It was almost surreal.

 

[radcen]

I can see protecting company recipes... though they were also busted for buying deserts from other business, which is ironically hilarious... but no-compete clauses? It's not a world-famous high-end restaurant, and for the most part they're servers. Servers are pretty easily replaced.

 

[poweRob]

I can see protecting company recipes... though they were also busted for buying deserts from other business, which is ironically hilarious... but no-compete clauses? It's not a world-famous high-end restaurant, and for the most part they're servers. Servers are pretty easily replaced.

If you watch the ramsey episode you'll see that they went through over 100 servers in just one year. And their servers, no matter how skilled, they would not let them do anything that got them near the money. So everything bottlnecked through the guy who failed all over the place processing the orders in the Point of Sale software.

 

[Gaius46]

I would think that fining an employee for not showing up might be illegal. They are already hourly employees not showing up for work so they aren't getting paid... assessing a fine on an employee... I can't see that being legal at all.

I'm kind of on the fence on that one. I can kind of see the owner's point because a busy place would probably lose reputation - and business - on the one hand, if they're chronically understaffed during holidays and weekends or incur extra costs for overstaffing to account for potential no show employees. In the first case the potential cost - staff morale and loss of repeat business - is probably more than what's saved by not paying that employee's wages. While in the second case it's a breakeven cost wise at best. You might also argue that it's a more humane policy than simply firing the employee.

Not the way I'd handle it, and you might be right that it's illegal (though I think it might be legal if explicitly agreed to up front) but I don't think they're nuts for trying to insure that people actually show up when they're supposed to.

 

[radcen]

I'm kind of on the fence on that one. I can kind of see the owner's point because a busy place would probably lose reputation - and business - on the one hand, if they're chronically understaffed during holidays and weekends or incur extra costs for overstaffing to account for potential no show employees. In the first case the potential cost - staff morale and loss of repeat business - is probably more than what's saved by not paying that employee's wages. While in the second case it's a breakeven cost wise at best. You might also argue that it's a more humane policy than simply firing the employee.

Not the way I'd handle it, and you might be right that it's illegal (though I think it might be legal if explicitly agreed to up front) but I don't think they're nuts for trying to insure that people actually show up when they're supposed to.

On the other hand th

I can understand the concern to a point. Restaurant people at lower end restaurants... as a group, not all... are notoriously unreliable. I would guess that the fine would not be enforceable, though. Seems to me pretty straight forward labor law... you work X hours, you get paid for X hours.

Other issues such as food and plates would not fall under the same law, I think.

 

[DiAnna]

Too strict, but not unfair. No one has to work there, though I'm not sure if "Employees must agree not to work for a competitor within 50 miles of the restaurant for a full year after they leave, or to open a similar business in the same radius." would actually be enforceable.

And as far as the tips go, if I was the wait staff, I'd just make sure to tell my customers not to leave a tip. I assume, of course, since tips are not being paid to the wait staff, the waiters/waitresses are being paid at least minimum wage (unlike in other restaurants).

I disagree that it's not unfair. The IRS automatically taxes serving staff on a full 15% above their actual W-4 salaries for cash tips. If they are unable to keep their tips, then they are paying taxes that should have been paid by the owners of the restaurant. That's completely unfair.

 

[ttwtt78640]

I disagree that it's not unfair. The IRS automatically taxes serving staff on a full 15% above their actual W-4 salaries for cash tips. If they are unable to keep their tips, then they are paying taxes that should have been paid by the owners of the restaurant. That's completely unfair.

What makes you think that they are not being paid at least minimum wage and thus get a W-2 instead of a W-4, just like a McWorker does?

 

[radcen]

What makes you think that they are not being paid at least minimum wage and thus get a W-2 instead of a W-4, just like a McWorker does?

A W-2 is what you get from your employer summarizing your pertinent wage activities from the year.

A W-4 is the form you fill out and give to your employer regarding your desired tax withholding status when you first start the job. Where or what type of job is irrelevant. Applies to all jobs.

 

[Moot]

Business owners like that give unions a good name.

 

[ttwtt78640]

A W-2 is what you get from your employer summarizing your pertinent wage activities from the year.

A W-4 is the form you fill out and give to your employer regarding your desired tax withholding status when you first start the job. Where or what type of job is irrelevant. Applies to all jobs.

OK, my bad. The point remains that the applicable IRS document indicates whether the employee is paid with tips or not. Not all restaurant employees are subject to that + 15% tip rule.

 

[radcen]

OK, my bad. The point remains that the applicable IRS document indicates whether the employee is paid with tips or not. Not all restaurant employees are subject to that + 15% tip rule.

I wanted to address that, but wasn't sure of the answer. I would suspect that there is something the employers does to indicate whether or not the employee is tipped or not. I'd doubt that simply being a server triggers it with the IRS.

 

[Cephus]

Because people such as yourself like to put on airs that it's beneath them, then comment on it anyway.

No, it's because a lot of people don't *THINK* about it, they just *REACT* to it. Outside of the rules that are outright illegal (like taking money earned by the workers), I see no problem with the rest of the rules.

 

[DiAnna]

Wow. After watching that clip, I must say they are the most paranoid, delusional, vile and vicious people on the face of the planet. We should all be grateful that they have each other, so they don't come after the rest of us.

 

[Helix]

glad that someone released this. you can't open your own business within a year of working there, or even work for another restaurant? and the reward for signing away this right is eight bucks an hour? you have got to be ****ing kidding me.

 

[Helix]

i will add that i just watched seven minutes of the video, and it looked pretty fake.

 

[DiAnna]

i will add that i just watched seven minutes of the video, and it looked pretty fake.

I watched the whole thing. Nobody would behave like screaming lunatics in front of their customers like that unless they simply had no self-control, were completely paranoid, and believed everyone was out to get them. Nobody deliberately makes themselves look that vile and vicious on tv unless they simply cannot help it. In the end, Ramsey did something I've never seen him do before (I've watched that program for years)... he said they were beyond help, and he left.

 

[JC Callender]

You should check out their Yelp reviews.

i will add that i just watched seven minutes of the video, and it looked pretty fake.

 

[Captain Adverse]

Decent rules, or too strict?

Here's the full letter: http://amradaronline.files.wordpress...encontract.pdf

Well, I've examined them and most are actualy pretty standard restaurant rules. However, there are three that would be problematic.

Rule # 16: No show on a scheduled-work holiday, $250.00 fine. I don't believe the employer is legally entitled to fine a worker for missing work. (i.e. take earned money for missing unearned hours.) They can suspend or fire the worker though.

Rule #19: Tips. It's not illegal for the "house" to claim all tips if they pay the staff minimum wage. However, they cannot prevent the staff from informing customers that all tips are not for waiting services but will belong to the owners of the restaurant.

Rule #20: Non-competition clause. Service staff cannot be prevented from seeking work elsewhere, even if the new job is located next door to this restaurant. Chef's might be restricted from opening a competing restaurant within a near radius...say a one to five block radius. But I believe 50 miles would be illegally prohibitive.

 

[ChuckBerry]

The woman was being jailed for writing bad checks til the old man bailed her out. Ramsay didn't quit, the woman told him to leave.

 

[Slyfox696]

I disagree that it's not unfair. The IRS automatically taxes serving staff on a full 15% above their actual W-4 salaries for cash tips.

I don't understand...the IRS is taxing something which is not being declared?

If they are unable to keep their tips, then they are paying taxes that should have been paid by the owners of the restaurant. That's completely unfair.

But the tips wouldn't be declared as income by the waiters, so how would it be taxed?

I admit, I don't know much about serving, so I'm just using what seems logical to me.

 

[Superfly]

yeah I saw these guys on Kitchen Nightmares. They don't have to worry about employees following the rules. For the most part, no employees stay there long enough to worry about any employee handbooks. They are either fired, or they quit - very regularly.

 

[Moot]

No, it's because a lot of people don't *THINK* about it, they just *REACT* to it. Outside of the rules that are outright illegal (like taking money earned by the workers), I see no problem with the rest of the rules.

The fines for employees not showing up to work seem illegal. So does the contract that won't allow them to find other work within a 50 mile radius after they are fired or quit.


The wife/owner making the food extra spicy to get back at a customer was appalling.

That couple (Boris and Natasha) shouldn't be in business. The husband is wanted in two countries for drug trafficking and money laundering and spent over a million dollars for his wifes little business venture. She's probably an ex stripper now born again Christian.