Did my manager take advantage of me?

[Anonymous]

So I’m a server at a restaurant. Normally on Saturdays and I make $300 per shift. Today was an event and they put me on a task where my cap off would be $120 at most because it was hourly pay. They did not tell me ahead of time that I would be put to this task. They wouldn’t take no as an answer as well when I wouldn’t take the pay cut for the sake of them needing someone to do this task even though I wasn’t told a head of time that I would be working a job that involves a pay cut. Did they try to take advantage?

[BetaBucks]

It's probably in your JD that you would work other events and not just tipped events. I had the exact same scenario when I worked in food service. Every few months I'd be assigned to a catering event and just made my wages plus a stipend. They can't cut your actual wages though. Just assign you to things that don't tip, but you get your standard base pay.

[Asker]

I wasn’t warned ahead of time, nor did my schedule reflect I’d be working the job position that wasn’t tipped based

[BetaBucks]

I don't think there's an obligation to warn, as long as it matches the hours you were scheduled. You might have a labor law in your jurisdiction that specifies this though. Also, your contract might say something like "only working table service for tips" or something along those lines, so it's worth checking that. But if the contract only specifies food service, the inclusion of tips are probably not an obligation from the employer's side. Not in any scenario I've ever heard of at least.

[Asker]

But aside from rules, it looks like he did take advantage? Yes or no

[BetaBucks]

I don't think I'd call it that. Unless you were the only one that always has to do the assignment. But there's a shit part of every job that usually gets rotated. That's just the nature of most work. Of course it pissed us off when it's our turn. Whoever got selected, if it wasn't you, wasn't going to be pissed too.

If I were you, I'd ask him to mark those days clearly on your schedule so you can be mentally prepared to not earn tips. When it's known about in advance, at least.

[Asker]

@betabucks I was the only one that had to do the assignment.

[Asker]

@BetaBucks

[slatyb]

Yes, they are taking advantage. Find another place to work.

[AI Opinion]

It sounds like your manager may have taken advantage of the situation by placing you in a lower-paying task without prior notice or your consent. Good communication and clear expectations should be part of a fair work environment. It might be worthwhile to have a conversation with your manager or HR to express your concerns and seek clarity on task assignments and compensation. This could prevent similar situations in the future and ensure your work is valued fairly.

[DrPepper12]

I think that the department of Labor would be very interested in what occurred to you. If your unionized, they would also love to hear about it!