Is this fair? Are they allowed?

[Eclectic Dreck]

Minimum wage is law. Anything above that is performance based.

Report his ass. Dont tell him otherwise he'll make up some jackass reason to fire you - Just report him.

In the UK, Employers are not allowed to bolster wages with Tips, It was made illegal to do so about a year ago - As Tips are supposed to be bonuses, Not wages.

I cant comment on Nova scotian Law though.

I don't know how it works in Canada, but in the US minimum wage is precisely that - the lowest wage you can legally pay an employee. In the case of professions where tips are oftne recieved (bartending, waiting, stripping, etc), a lower hourly wage can be paid. If the total salary of the employee (including tips) is above minimum wage, there is no problem. If during a certain pay period it is below minimum wage, the employer is required to make up the difference.

Also, ninja'd!

 

[Soxafloppin]

You should have replied with "Isn't that illegal?" to see what he said.

 

[Good morning blues]

Okay so I've been working at a pizza place as a Pizza Delivery Boy for more then 4 weeks now (I think this may be my fifth week) and I'm still getting paid 7.50 (Canadian Dollars) an hour (the minimum wage here (in Nova Scotia) is just a bit above 9 dollars) now I asked my boss at the end of my last shift why I'm not getting paid exactly minimum wage and he said it's because "I'm not up to speed yet" well what the hell does that mean? I'm a driver, all I gotta do is look at the map, find out where the street is, and I'm on my way!! So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

I also don't get much of my debit tips either, they either take 15% of every debit tip or I have to pay 15%, so basically, I got a 10 dollar debit tip one time and saw nothing of it, instead I had to pay $1.50 at the end of my shift because of it, also we're (the place I work, I don't know if it's all locations or just the one I work at) the only Pizza Place that doesn't give the whole debit tip to their drivers

In British Columbia the first 500 hours that someone under a certain age (18, I think) works, you can pay a sub-minimum wage "training wage" of $6 per hour. Not sure how it is in Nova Scotia. Of course, the Labour Board will be able to tell you.

 

[Valiance]

Apparently, yes. I know a lot of pizza delivery boys and waitresses who make much less than minimum wage, but their boss tries to play it off as "You'll make more than minimum wage with tips" while tips are in reality inconsistent and frustrating at times.

 

[Canadamus Prime]

Yes you should defiantly be going to the labour board. It's called "minimum wage" for a reason, as in it's the bare minimum an employer has to pay his employees regardless of the job. If you're getting paid less than that then it's a violation of labour laws and you should report it. You'll probably want to have a pay stub or two on hand as evidence.

I don't get pay stubs, it's kind of under the table I guess you would say

That could be a problem. On the other hand it's all the more reason to report this.

How could it be a problem?? (I get paid every night that I work, but still no pay stubs)

I said it could be a problem, not that it will be a problem. As to the how, well it's a matter of evidence. If your boss decides to deny your claims against him when the board confronts him you have no physical evidence to back it up. ...unless he kept records of all this, which could be seized for purposes of investigation.

 

[manaman]

if you are supposed to get tips then they dont have to pay you minimum wage (at least in america). kind of like a waiter, they get paid diddily but they get to keep the tips

Parts of America. I think its a bit over half of the states now where tips cannot make up any part of your hourly wage.

OP:

Don't they put that information online for you to look up? Just asking as every single state I have been employed in had a website for whatever it called its workplace rights enforcement agency. The site being full of contact information, FAQs, and labor laws.

 

[Galebaby]

Well, I wouldn't know anything about Nova Scotian law, but here in America, that would definitely be something to contact the labor board about.

Yeah basically his reasoning behind me not getting paid 9...whatever (or 8 dollars, I found out one of my coworkers is only getting paid 8 dollars an hour!) is that because I'm a new driver I'm not as good as the other drivers?? Okay yeah it confuses me too, that's no reason not to give me minimum wage, how would I even get into contact with the Labor Board (this is the first time I'm really doing this)

Don't tell him you're going to. Report him for shorting his employees.
He may have to shut down or may have to pay you it back.

 

[Grampy_bone]

I am also tired, gonna go to bed after this, basically what it is at the end of every shift (of mine) they add up all the totals on the debit receipts (if there are any) write the number down, then they add up all the yellow slips (you know the white slips of paper that are attached to your pizza boxes? well Drivers get the yellow ones) and then subtract the total number of all debit receipts from yellow slips, and then they subtract my pay (lets say yesterdays shift, which was 7.50 times 3 (three hours of work) from that and what comes out is what I may or may not owe them (so sometimes they pay me, or sometimes I pay them) its confusing I know, Im very tired

WTF? I don't know how they can take money from you like this, unless you aren't getting a cash envelope when you go on a run?

Or is this something like where if you fail to get enough money for a delivery you have to make up the difference? I know some places I've worked at if someone dines & dashes they make the server pay the check, which is brutally unfair but allowed.

In any case, as many have said it is allowed for them to pay you below minimum wage in certain circumstances, depending on the local laws. Look up your labor laws and learn for yourself. In some states in the US employers can pay servers less than minimum if they make a lot in tips (I've heard of places where the employees work solely for tips). In the US tips are taxable income and must be reported as well, though enforcement isn't always high.

However one thing has always been constant everywhere I have ever worked: The employer is not allowed to touch your tips! A gratuity is an exchange between you and the customer and the employer cannot legally touch one cent. This means they can't garnish your tips or take a house cut or anything like that. However I have worked at places where there was an unofficial tip pooling policy so if one person got a lot of big tables full of rich people everyone benefits. This also encourages the servers to cover each other's tables, which probably isn't an issue with pizza delivery.

The pizza places I have worked at paid me for every run I took; I didn't have to pay them. Are you using your own car? This place sounds pretty shady and it seems like they are taking advantage of you. You should do some research and educate yourself to put things on an even playing field.

 

[fanklok]

Wait wait wait.

What
the
fuck?

If you get tipped you have to give it away then pay you're employer for being tipped? Call the mounties or who ever deals with that stuff since it makes no fucking sense. Also the whole illegal thing and your boss sounding like an incompetent fuck wad that's more concerned with lining his own pockets (with platinum) then actually paying what he's required to by law.

 

[lockeslylcrit]

Okay so I've been working at a pizza place as a Pizza Delivery Boy for more then 4 weeks now (I think this may be my fifth week) and I'm still getting paid 7.50 (Canadian Dollars) an hour (the minimum wage here (in Nova Scotia) is just a bit above 9 dollars) now I asked my boss at the end of my last shift why I'm not getting paid exactly minimum wage and he said it's because "I'm not up to speed yet" well what the hell does that mean? I'm a driver, all I gotta do is look at the map, find out where the street is, and I'm on my way!! So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

I also don't get much of my debit tips either, they either take 15% of every debit tip or I have to pay 15%, so basically, I got a 10 dollar debit tip one time and saw nothing of it, instead I had to pay $1.50 at the end of my shift because of it, also we're (the place I work, I don't know if it's all locations or just the one I work at) the only Pizza Place that doesn't give the whole debit tip to their drivers

I don't know about Canadian law, but here in the US, you can be paid well below minimum wage (I used to work at Cracker Barrel where the waitresses were paid 1.50 an hour), provided your tips for the day equal the minimum wage. If not, the employer has to pay the difference.

 

[Grampy_bone]

http://www.gov.ns.ca/lwd/employmentrights/minimumwage.asp

According to this he is allowed to pay you an "inexperienced wage" of $8.70 for up to 3 months, then he has to bump you up to $9.20. It doesn't say anything about tips. Thus: you are being shafted, my friend.

 

[Vern]

As far as I know, labor laws in America you can work on a tip based wage that's less than minimum wage. I worked as a waiter for 2.30 an hour when minimum wage was 5.50. If my tips were less than minimum wage, my employer had to reimburse me up to minimum wage. Anything over that I kept, but had to be reported for tax purposes. So yes, if he's paying you less than minimum wage, and taking your tips that keep you above the minimum wage line and keeping them for himself and not allowing them to be reported for taxes at least in the US that would be illegal. Here minimum wage is law, unless it's off the books and you're paying illegal immigrants, if a person is not making minimum wage in a tip job you have to reimburse them up to at least minimum wage. Labor laws may differ by country, and this is not to be considered legal advice.

Edit: Seems like the fellow above me covered Nova Scotia wage laws right there.

 

[Grampy_bone]

As far as I know, labor laws in America you can work on a tip based wage that's less than minimum wage. I worked as a waiter for 2.30 an hour when minimum wage was 5.50. If my tips were less than minimum wage, my employer had to reimburse me up to minimum wage. Anything over that I kept, but had to be reported for tax purposes. So yes, if he's paying you less than minimum wage, and taking your tips that keep you above the minimum wage line and keeping them for himself and not allowing them to be reported for taxes at least in the US that would be illegal. Here minimum wage is law, unless it's off the books and you're paying illegal immigrants, if a person is not making minimum wage in a tip job you have to reimburse them up to at least minimum wage. Labor laws may differ by country, and this is not to be considered legal advice.

Nope, I just looked it up, Nova Scotia has no legal wage deduction for tipping. They have to pay him minimum wage. I did find some news reports where restaurants wanted to lower the wages for tipped positions, but it's not a law. They are screwing him over.

They also can't deduct pay from him for "damages" or anything else, even if it's his fault, if it reduces his overall pay below minimum wage, which it already is, which means the money they are stealing from him is theft, plain and simple.

Edit: ninja'd by the edit.

 

[klakkat]

Okay so I've been working at a pizza place as a Pizza Delivery Boy for more then 4 weeks now (I think this may be my fifth week) and I'm still getting paid 7.50 (Canadian Dollars) an hour (the minimum wage here (in Nova Scotia) is just a bit above 9 dollars) now I asked my boss at the end of my last shift why I'm not getting paid exactly minimum wage and he said it's because "I'm not up to speed yet" well what the hell does that mean? I'm a driver, all I gotta do is look at the map, find out where the street is, and I'm on my way!! So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

I also don't get much of my debit tips either, they either take 15% of every debit tip or I have to pay 15%, so basically, I got a 10 dollar debit tip one time and saw nothing of it, instead I had to pay $1.50 at the end of my shift because of it, also we're (the place I work, I don't know if it's all locations or just the one I work at) the only Pizza Place that doesn't give the whole debit tip to their drivers.

I can't say I know how it works in Canada, but in the U.S. there are laws that allow some employees to be payed below minimum wage, but the difference MUST be made up for in tips; if total tips plus wage don't amount to federal minimum wage, the company is legally required to make up the difference. Specifically, I also worked for the Pizza delivery industry, but as a manager (about 75% above minimum wage; low-ranking manager) but I did get to see the salaries and tips of all the drivers at our store. Sometimes, tips weren't enough to cover the difference between their hourly wage and minimum wage; in those cases the company had to cover the difference. One difference though, is that the driver took 100% of any tips they received; while occasionally drivers would share with the manager, this tended only to be on rare occasions and on particularly prosperous nights, and even then entirely at the discretion of the driver. You may wish to look into canadian labor laws, but if your average hourly wage is not equal to minimum wage including tips, you may have a legal case (by U.S. laws; Canadian laws may be different; find a lawyer that doesn't charge for consultations).

Also, job experience is no excuse for being under minimum wage. ANY and EVERY paid job must meet minimum wage laws, regardless of job experience or training status (again, in U.S.; double-check with a lawyer if possible for Canadian laws).

 

[ChaoticLegion]

Also how would I get into contact with them anyways? I'm sure someone would say google them

I would personaly advise you to contact a solicitor (lawyer) and pose these facts to him. Many solicitors offer a free first consultation session while they consider the merit of your case so it won't cost you anything.

I'm not 100% clear on canadian law as i'm only studying UK law at present, so i'm not suggesting that you use litigation, but if you are correct and a solicitor confirms this, then your employer is most likely to settle out of court.

 

[Not G. Ivingname]

Wait, does your boss have superiors above him? I.E. is he just the manager of the place? If so, why not report him to them? Thought that labour board sounds like a good idea as well.

Well the manager does this but the bosses know it (they also work there) and I'm sure they don't care (one of the owner bosses is the one who takes 15% or as I like to say, all of our debit tips)

Oh... contact the labour board on ALL of them then.

 

[bleh002]

Yes you should defiantly be going to the labour board. It's called "minimum wage" for a reason, as in it's the bare minimum an employer has to pay his employees regardless of the job. If you're getting paid less than that then it's a violation of labour laws and you should report it. You'll probably want to have a pay stub or two on hand as evidence.

I don't get pay stubs, it's kind of under the table I guess you would say

That could be a problem. On the other hand it's all the more reason to report this.

How could it be a problem?? (I get paid every night that I work, but still no pay stubs)

I said it could be a problem, not that it will be a problem. As to the how, well it's a matter of evidence. If your boss decides to deny your claims against him when the board confronts him you have no physical evidence to back it up. ...unless he kept records of all this, which could be seized for purposes of investigation.

While he may try to deny the claims, I'm pretty sure there would still be an investigation by the Nova Scotia ministry of Labour for failure to keep and provide records.

He could also report them to the Canada Revenue Agency for potential tax evasion and then the auditors would be keeping the owners pretty busy and scared.

What needs to be done by Quiet Stranger is for him to keep his own record of all his payments. He should track the hours he worked, the tips he received, the tips he didn't receive, as well as the amounts used by manager to calculate how much he should be paid. He should do that every night, and that way he will have some evidence. It won't be a case of 'his word against mine' since there will be evidence of it.

 

[Quiet Stranger]

Okay so I've been working at a pizza place as a Pizza Delivery Boy for more then 4 weeks now (I think this may be my fifth week) and I'm still getting paid 7.50 (Canadian Dollars) an hour (the minimum wage here (in Nova Scotia) is just a bit above 9 dollars) now I asked my boss at the end of my last shift why I'm not getting paid exactly minimum wage and he said it's because "I'm not up to speed yet" well what the hell does that mean? I'm a driver, all I gotta do is look at the map, find out where the street is, and I'm on my way!! So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

I also don't get much of my debit tips either, they either take 15% of every debit tip or I have to pay 15%, so basically, I got a 10 dollar debit tip one time and saw nothing of it, instead I had to pay $1.50 at the end of my shift because of it, also we're (the place I work, I don't know if it's all locations or just the one I work at) the only Pizza Place that doesn't give the whole debit tip to their drivers

In British Columbia the first 500 hours that someone under a certain age (18, I think) works, you can pay a sub-minimum wage "training wage" of $6 per hour. Not sure how it is in Nova Scotia. Of course, the Labour Board will be able to tell you.

Well I'm 19, so yeah and I also don't know what the law is in Nova Scotia either, go figure

 

[Quiet Stranger]

Also how would I get into contact with them anyways? I'm sure someone would say google them

Or look in the phone book. Some states have websites designed to get basic info about the state and it's department. You could try that route.

I'll try that, but I don't know what I would look up (or are they all just called "Labor Board"?)