this post was submitted on 09 Jan 2024
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A barista isn't a tipped wage position. Virtually only restaurant servers are paid the tipped wage. Just because they put a tip jar out doesn't mean their hourly wage drops to pennies, you only get that wage if a significant amount of your income is from tips.
https://www.dol.gov/general/topic/wages/wagestips
Legally speaking, baristas can be treated as tipped wage positions so long as the tips they accumulate earn them in excess of the minimum wage. Putting out a tip jar absolutely does mean their hourly wage can be cut. And thanks to common wage-theft practices by employers and negligence by local prosecutors, an employee who falls under the minimum wage has an uphill battle to recover the difference.