South West
Arizona, New Mexico, Nevada, Texas, Utah
In the Southwest, Las Vegas, Nevada has traditionally been a magnet for hospitality work, drawing servers from all parts of the country.
Even the city’s mandatory drug tests, and background checks do not seem to slow the traffic of people looking for work. in 2010, The US Dept of Labor reported Nevada as having the highest population of workers for this occupation. This hasn’t changed. Despite Las Vegas taking a hard hit by the recession and experiencing some of the highest foreclosures in the nation; the state and city still ranks the highest for workers in this industry. Nevada prohibits a “Tip Credit”, and offers servers the highest hourly cash wage in the southwestern region. However, this is also the birthplace of the notorious “chain of service” ruling where Steve Wynn won the right to tip out managers and others determined to participate within the chain.
And even though Nevada is the region’s most famous destination for gambling, other states, such as New Mexico, are also dotted with casinos. Since the early 90′s, when more Pueblo leaders successfully won their right to own and operate casinos- many have sprouted up on Indian/Pueblo nations.
Servers who work for casinos on pueblo land are subject to Federal minimum wage laws rather than the state or reservation. Some casinos on pueblo land do offer higher sub- minimum wages for servers, although only the applicable federal wage for servers can be enforced.
Arizona offers the highest state sub minimum wage for tipped workers at $4.35 New Mexico, Utah, and Texas only require employers to pay $2.13 to tipped workers. Both Arizona and just recently, New Mexico have enacted Treble Damages Law for minimum wage violations. This allows underpaid workers to collect their back wages plus twice that amount in damages or “Treble damages”. New Mexico’s House Bill 489 took effect on July 1, 2009, becoming the eighth state with a Treble Law.
Memorial weekend kicks off the high season in the Southwest running through the summer and fall. Believe it or not, it snows in the high desert and cold, frigid winters plus icy, powerful winds in the spring (exception spring break) mark the low season in most of these states. Although the Ski Resort areas offer lucrative seasonal work during the winter.
ARIZONA
Wait Population 46,890
Wage:
State minimum wage $7.25
State server Sub minimum wage $4.35
Median Wage: $7.61 hr/$15,800 yr
Serving Alcohol:
Must be 19 yrs to serve; unless in off-premise location with adult present (could then be 16)
Re-Corking: Patron may re-cork as long as bottle of wine was purchased with a meal and the cork is replaced flush with the bottle.
Serving Hours: Mon-Sat: 6am-1am Sun:10am-1:am
Tobacco Control:
Recent Data from no-smoke.org reports that Arizona has passed a 100% smoke free law prohibiting smoking in restaurants, bars, and places of employment. of May 1, 2007, Proposition 201 took effect and prohibits smoking in all bars and restaurants with lounges. Smoking is allowed on patios outside these establishments, but owners are required to obtain a permit from the Arizona Department of liquor licenses to add patios. El Dorado is the only municipality in the state that has a 100% smoke free outdoor dining law.
Links:
Arizona Dept of Labor
P.O. Box 19070
Phoenix, AZ 85005-9070
602-542-4411
www.ica.state.az.us
Arizona Dept of Liquor licenses and Control
800 W. Washington St. 5th Floor
Phoenix, AZ 850007
602-542-5141
Us Dept of Labor Wage & Hour Division
Phoenix District Office
Eric Murray
District Director
602- 514- 7100
NEW MEXICO
Wait Population 14, 410
Wage:
State Minimum Wage $7.50
State server minimum wage $2.13 * As of January 1, 2009 the minimum wage in Santa Fe is $9.85 per hour. For workers who customarily receive more than $100 per month in tips, Commissions or tips earned will be counted as wages and credited towards satisfaction of the minimum wage requirements.
House Bill 489 takes effect July 1, 2009 and will enact treble damages law for employers who violate minimum wage laws. The Law has four main components: It imposes a penalty for employers who do not pay minimum wage or overtime; it extends the statute of limitations from two to three years; in some cases it will require employers to pay triple damages in wages; and employers also will be required to post a notice in the workplace when such a violation is determined under this law.
The state also passed a “retaliation Law last July of 09 for employers who retaliate against employees who make wage claims.
Credit Cards: State law 50-4-2 prohibits employers from making deductions from a servers credit card tips for processing fees UNLESS the employee agrees to the deduction in writing. Only if a employee signs a “waiver”, may the employer take the deduction.
* This is the only state besides Puerto Rico that has a lower minimum wage set at $2.13 per hr for servers.This wage does not change when municipalities increase their minimum wages- only the tip credit will increase.
Serving Alcohol:
Must be 19 to serve in an establishment where the primary source of revenue is food.
Mandatory Server training required every 5 years (Cost $35)
Re-Corking: State law allows patrons to re-cork wine only if it is sealed in a plastic bag with a receipt from the restaurant attached.
Serving Hours: Mon-Sat:7am-2am Bar, full license only. Restaurant license Mon- Sat 7 am – 11Pm Sun: Noon to Midnight.
Tobacco Control:
Smoking is banned across New Mexican restaurants, bars and clubs under the Dee Johnson Clean Air Act that was enacted on June 15, 2007. Smoking is still permitted on out door patios but must not create situations where people must pass through smoke to enter or exit the building. Smoke must be a ’reasonable distance’ from doorways and windows. Mesilla, Roswell, and Santa Fe are the only municipalities in the state with 100% smoke free dining areas outside.
Links:
An excellent resource for immigrants working in Santa Fe, NM as well as state wide is : Somos Un Pueblo Unido 505-474-7832 or visit somosunpuebloundio.org
New Mexico Dept of Labor 505-827-6838
Human Rights Division 505-827-6838 (Call them if you are being verbally abused or harassed by employer)
New Mexico State Wage & Hour 505-827-6875 or 505- 827-6817
New Mexico Federal Wage and Hour Division
505-248-6100
www.workplacefairness.org/agencies_NM
Unemployment compensation 505-827-2434
Santa Fe City Attorney 505-955-6511 (In some cases may enforce the min wage of Santa Fe)
Assistant City Attorney Alfred Walker 505-955-5194
Bennet Merit-Santa Fe Attorney (class action or enforcing FLSA) 505-983-9834
Alcohol and Gaming Division
505-476-4875
NEVADA
Wait Population 40,770
*According to U.S. Dept of Labor, Nevada is among several states with the highest concentration of workers in this occupation
In Las Vegas alone, there are 30,630 waiters and waitresses accounting for over 90% of the states total number of servers. Las Vegas is also considered by the Dept of Labor as the metropolitan area with highest concentration of workers in this occupation
Wage:
State minimum wage $7.25 per hr for employees that are offered Qualified health benefits. All other employees $8.25 per hr
State Law prohibits tip credit.
State Law wage order prohibits employers from deducting a credit card processing fee from a server’s credit card tips.
Median Wage: $8,35hr/$17,400 hr
Serving Alcohol:
All are regulated at the city and County level. (You Must be 21 to serve in Las Vegas)
Re-corking: Patrons are allowed to take wine home when purchased with a meal. Contact enforcement agency for compliance details.
Serving hours: All alcohol sales in Nevada are regulated by local governments only
*To work where liquor and gaming are present a person must obtain a Sheriff’s card (Work Card). It is mandatory in the State of Nevada reqardless of what your position is in a gaming establishement.
TAM card -Alcohol Awarness Training- Although not mandated by the state, it is a must to get any job in Southern Nevada. Cards are good for 5 years, Cost $20 and in some cases may be free
Tobacco Control:
The Nevada Clean Indoor Air Act, became Law on Decemember 8, 2006. Its bans smoking in all restaurants. Smoking is allowed in places where food is not served.
Waiting Tables in Las Vegas:
If you want to wait tables in Las Vegas, expect to be drug tested (hair Follicle type) a mandatory Hepatitis A vaccination, strict grooming standards, and to spend some money (roughly $100 or less) on the required documentation required to serve in this city. The three types of documentation generally required to work in Las Vegas include a Sheriff Card (work card), TAM Card- Alcohol Awareness Training and a Health Card and You must be 21 to serve Alcohol in Las Vegas.
Sheriff Card
Since 1947, to work on the premises where liquor and gaming are present a person must obtain a sheriffs card. The purpose of the work card is to document, investigate, and license all employees of the gaming and liquor industry. To apply for a sheriff card, you must be 21 if employed dispenseing alcoholic beverages, have juvenile work permit if under the age of 18 years, present proper documentation from immigration if a non citizen, show birth certificate if under the age of 25, have signed referral slip from your prospective employer and pay the appropriate fees. You may be denied a card if you have an outstanding warrant of arrest, extensive criminal history, and any other denial reasons listed under Nevada Revised Statutes. Work cards are valid for 5 years, cost aprox $45, and can be used for any establishment where there is liquor or gaming on the premises and the expiration date of the work card has not expired.
Work Card processing includes interviewing, fingerprinting, and photographing. Work Card is similiar in size to a drivers license and is issued the same day as applied for provided there are no complications during the process
Health Cards in Las Vegas
Health cards are 100% mandatory in order to obtain postion as Food/ Beverage handler. The health Card costs $30- $40 and is valid for 2 to 3 years. Everyone applying for a food handler health card will recieve a Hepatits A Vaccination. Contact Southern Nevada Health District or more information.
TAM card- Alcohol Awareness Training
A TAM card is essential to get any job serving food around alcoholic beverages. Most Casinos require them. The cost of $20 can be waived if you are unemployed, have a Nevada ID or Drivers license, and an employer willing to employ you a minimum of 30 hours per week. For additional information and locations to recieve training, call 702-647-1954
Links:
Michael Tanchek
Office of the State labor Commissioner
775-687-4850
www.ilsa.net/contacts/contact008.htm
Dept of Taxation
775-684-2000
Nevada Department of Labor
www.laborcommissioner.com
http://www.dbi.state.nv.us
702-486-2650
www.cocktaildoll.com
a witty and informative site created by a cocktail waitress
living and working in Las Vegas who shares her knowledge of the industry and her music
TEXAS
Wait Population 178,400
WAGE
State Minimum Wage $7.25
State Subminimum wage $2.13
Median Wage: $15,000 yr
Serving Alcohol
Must be 18 to serve
Re-Corking: Patrons who order wine with food and have a portion of the open container remaining may remove the open container of wine from the premises. Contact enforcement agency for compliance details.
Serving Hours: M-S: 7am -Midnight-Late hours permit/license available in certain areas extends hours of sale to 2 am. Sun: With Food service may start at 10am till midnight. other permits may start at Noon and serve till 2AM with late hour permit
Tobacco Control
No restrictions at the state level. For a complete listing of Municipalities in the state with 100% smoke free laws in restaurants, visit <www.no-smoke.org> Alton, League City, and Nacogodoches are the only municipalities in the state with 100% smoke free outdoor dining laws.
Links:
Jerry Ramos
Texas Workforce Commision
512-837-9559
Texas Dept of Labor
www.twc.state.tx.us
512-463-2829
Alcoholic Beverage Commission
1-888-THE-TABC
512-206-3333
UTAH
Wait Population 17,680
Wage
State minimum wage: $6.55
State server sub minimum wage $2.13
Median Wage: $16,400 yr
Serving Alcohol
Must be 21 to serve.
Alcohol Server training required every 5 years / Cost $30
Re-Corking: Patrons are allowed to take wine home when purchased with meal. Contact enforcement agency for compliance details
Tobacco Control
Smoking in public restaurants(including attached bars), cafes and cafeterias has been prohibited since 1994. Smoking in country clubs and restaurants that are private has been banned as of Jan 1, 2007. In 2006 legislation was signed to ban smoking in private clubs and taverns beginning Jan1.2009.
Links
Dept. of Alcoholic Beverage Control
801-977-6800
hotline@utah.gov
Brent Asay
Employment Standards Bureau
801-530-6802
Utah Dept of Labor
801-530-6680
Laborcommission.utah.gov