this post was submitted on 12 Jul 2023
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This is commonly misunderstood. The restaurant is allowed to average it across your entire pay period, not just the one bad shift. So if you have a bad shift in a two week pay period, your other shifts (above minimum wage) during that period will likely balance out to above minimum wage, and the restaurant won’t be required to make up any differences. You still made below minimum wage for that shift, but the restaurant is able to average it against all of the other hours you worked for that pay period.
Let’s say you have 10 shifts in a two week pay period. For nine of those shifts, you make $12/hr. Then for one shift, you make $0/hr. Even though you literally made no money for one shift, you still averaged above $10/hr for the pay period. And with minimum wage being $7.25/hr, the restaurant wouldn’t be required to adjust your pay for that one bad shift.
I'm aware. I assumed it was understood that this all gets averaged at the pay period (ie payday). I chose to frame it that way because I wasn't aware of Uber's payout schedule or pay period. I looked it up and they are calculated on a weekly basis. So if you average below minimum wage across the week Uber would/should be responsible for the difference.
It’s a common talking point for people who don’t believe in tipping. Lots of “it doesn’t matter if I don’t tip, they’ll still get minimum wage from the restaurant” justifications. It completely (and likely intentionally) misses the fact that the employee isn’t getting minimum wage adjustments on a per hour or per shift basis.