West Coast

California, Oregon, Washington

The best way to describe the West Coast is to imagine a bubble or special Utopia for waiting tables.

While the high season on the west coast starts in the summer, the year long mild temperatures  usually helps draw visitors all months of the year.  And it could be argued that this region of the country is one of the most progressive and lucrative areas nationwide for waiting tables.  Washington was the first state to pass a 100% comprehensive smoke free workplace measure via the ballot box.-essentially setting the stage for smoke free restaurants.

And when servers wander outside the west coast bubble for the first time they are usually shocked to discover that in some states,   employers are allowed to pay them only $2.13 an hour as well as  take a slice out of their credit card tips.

All three states, CA, OR, and WA prohibit the tip credit so servers  receive the full minimum wage  This has came in handy, as the west coast also has some of the  highest costs of living in the nation.

The US Dept of Labor latest report in 2008 shows Washington as the top paying state in the US for this occupation.( $27,610 annually)  and Tacoma, WA as the highest paying metropolitan area in the US for waiting tables. (Annual mean wage $30,670)

But a recent 9th district court ruling may change this. (Cumbie vs. Woody woo Inc.)

When a waitress in Oregon challenged her employer’s practice of requiring her to share over half of her tips with the entire kitchen staff,   The Oregon court dismissed her case finding no FLSA violations and when the case was appealed,  the 9th district court sided with the restaurant and  ruled on February 25th, 2010 that tip pool restrictions do not apply to employers who do not take the tip credit.

This ruling means employers in these state are no longer subject to tip pooling restrictions and that servers who work in these states that prohibit a tip credit could face a huge deduction in the tips they receive.   Currently, there are no caps on the amount of tips the employer may require the server to contribute. The waitress, who took the restaurant to court was recovering only 35% of her tips, the rest went to a tip pool.

But these  west coast states have also passed laws that protect servers’ credit card tips and require transparency in service charges.

All three states, California, Oregon and Washington,  have passed laws that  prohibit employers from deducting credit card processing fees from a servers’  credit card tips and  Washington also passed a law (RCW 19-48.130) that requires management to provide patrons with an itemized receipt that discloses the percentage of the automatic service charge that is paid or is payable directly to the employer or employess serving the customer.

The West coast recently, also experienced a re surge of  Union membership. In 2007, the labor department reported the first increase in Union membership in 25 years and the largest increase since 1979. Most of the recent gains in union membership have been in the service sector and most of the gains in the service sector have come in West Coast states like California where union membership is now at 16.7% compared with a national average of about 12.1% (Union Membership Up Slightly in 2007 http://www.washingtonpost.com/wp-dyn/content/articule/2008/01/25/AR2008012503076.html).

CALIFORNIA

Wait population 237,990

Wage:
State law prohibits Tip Credit
State minimum wage $8.00 (San Francisco $9.14)
CA Labor Code Section 352  prohibits credit card processing fees to be deducted from a servers credit card tips.
“No deductions can be made from a servers credit card tips for any credit card payment processing fees or costs that may be charged to the employer by the credit card company.

Median reported wage: $18,200 yr

Serving Alcohol:
Must be 18 to serve in a bonafide eating establishment. 21 for bartenders and cocktail servers
There is no state law that requires server training, although some counties such as San Diego do require certification.  Check with local county ordinances

Re-Corking:
Patrons are allowed to take wine home when purchased with a meal.  Contact enforcement agency for compliance details.
Serving hours:  Mon-Sun 6AM-2AM

Tobacco Control:
(1998) California’s smoke free air law generally prohibits smoking in enclosed workplaces, including restaurants and bars.  Employers may establish separately ventilated break rooms for smoking. For a complete listing of municipalities in the state with 100% smoke free laws in restaurants, go to www.no-smoke.org.

Links:

California Dept of Labor            California Alcohol Beverage Control
www.dir.ca.gov                             916-419-2500
custserv@abc.ca.gov
Wage & Hour
Federal: www.dol.gov.esa            Labor law info
State Agency: www.dir.ca.gov    www.fentonkeller.com/workplace

ROC-Los Angelos-Powerful advocacy group for restaurant workers that offers free job training, ESL Training and more

Contact: mariana@rocunited.org   Ph 213-489-9052

OREGON

Wait population 28,040

Wage:
State law prohibits Tip Credit
State minimum wage: $8.40

State Wage order prohibits employers from deducting a credit card processing fee from servers credit card tips.

Median wage: $9.34/ $19,400

Serving Alcohol:
Must be 18 with a server permit
Server permit required every 5 years
Cost $25

Recorking:
State law allows re-corked wine to be taken out after dining.
Serving hours:  Mon-Sun 7am-2:30 am

Tobacco Control:
Smoking is prohibited in all restaurants, bars, and taverns as of  January1, 2009.

Links:

Oregon Dept of Labor                    Liquor Control Commission
www.oregon.gov/boli                    800-452-6522
503-872-50000

Christine Hammond                    Portland District Office
Wage & Hour Division                    US Dept of Labor
800 NE Oregon, Suite 1045                 ESA Wage & Hour Division
Portland, Oregon 97232                620 SW Main Street
503-731-4689                        Portland, OR 97205
503-326-3057
Gerald Hall
Acting District Director
Federal Wage & Hour
www.dol.gov/esa/contacts/whd/america2.htm

WASHINGTON

Wait population 47,450

Wage:
State law prohibits Tip Credit
State Minimum wage $8.55

State law RCW 19.48.130 was passed  to protect servers by requiring employers to inform their  guests if the employer is pocketing some or all of a mandatory service charge added to their bill.   (management keeping monies defined as gratuities is a violation of federal law)

State law order prohibits Employers from deducting credit card fees from a servers credit card tips.
*Washington has both  the top state wage and  metropolitian wages in the country.

Median reported Wage: $13,43 hr/ $27,900 yr

Serving Alcohol:
18 to serve
Server training required every 5 years
Cost $30-45

Re-Corking:
Washington Law permit’s the unused portion of wine to be re-corked, packaged and carried out by the guest.  Contact enforcement agency for compliance details.
Serving Hours: Mon-Sun 6am-2am

Tobacco Control:
Since 2005, all indoor workplaces and public places including restaurants have been 100% smoke free.  *This is the first state to pass a 100% comprehensive smoke free workplace measure via the ballot box.

Links:

Carlena Anderson                State Liquor Control Board
Employment Standards                360-664-1600
360-902-53