Its not though. The employee is far more likely to win the wage theft case than the union firing case and I just think its wrong to try and dissuade people from fighting this issue. Its actively harmful to people to push that kind of a narrative.

Being fired for forming a union is a completely different case than committing wage theft then firing your employee for bringing it up.

Unionization is great but thats a much bigger ask and far less likely to suceed. And risker as the employee can be fired with no protection as soon as they’re found trying to unionize.

I think employees should be trying to unionize as a default and then if they’re the victim of wage theft seek legal recourse.

No, lets be clear wage theft covers a lot of things. Here we are talking about a very specific situation where an employer is clearly violating the FLSA. You can even see it in this thread, so many people dont even believe that its illegal. So they dont even know they can sue for it.

“they’re going to find an arbitrary reason, or better yet write down “I didn’t like that person” because it’s a right to work state and even in non right to work states” nah that does not hold up in court. A judge isnt going to look at an employer getting sued for wage theft and then said oh i guess you just happened to fire this person. Nah thats never goign to hold up. Also yes US labor laws are fucking dogshit but they exist.

Do you seriously think people aren’t winning these kind of cases? FLSA cases get won all the time. Also its different because wage theft is illegal but trump can legally rape kids according to the supreme court.

So you’re telling me that the waitress earning $2 hr + $3 per hour in tips will be getting paid $5 an hour and not $7.25? If thats the case, then thats wage theft and its illegal and she should find a lawyer who will sue that employer.

What the fuck is your point? “What happens if they find out im suing them” If your employer doesn’t pay you correctly and then fires you when you seek legal action they are fucked under the Fair Labor Standards Act. They’ve just increased their fine from up to 10k to add another 25k.

I actually perplexed why people are pushing back against my claim that people should seek to protect their federally protected work rights. The examples that have been brought up are open and shut cases that will be picked up by any law firm and they will sue for recomp + damages + lawyer fees. Yes its “harder” than doing nothing, but by doing nothing you do not fix the problem and continue to be exploited. There is no magic eye that can perfectly detect illegal activity its up to the victim to come forward and make their case thats how law works in our society.

Yes they do receive a min wage its just lower than what they receive through tips and thats why they dont want to get rid of it. Look at any other country for what happens when you dont tip. I will never tip out of principle.

I’m sorry how is this relevant?

For a wage theft case you would not need to pay a lawyer. There are plenty of lawyers that seek out these cases and pay themselves off the settlement. You would need to do is book a meeting and explain the case and show up in court once if you boss was stupid enough to fight it. Thats not a wildly impossible set of steps to take.

If you didnt get the job then its not being canceled but in this case Shane did get the job. Anyway no one cares about it, its just something that he laughs about on his podcast.

Its up to the employee to ensure they do not get away with it.

This is literally victim blaming.

No its not. Crime is not magically detected by the all seeing eye. If someone commits a crime against you then its in your best interest to report it because it sure wont be the criminal who is reporting it.

it is that they will take advantage of the convoluted system in order to exploit the vulnerable and desperate workers they are responsible for.

Even if this is what I said (which it isnt) that still doesnt give a reason why employees shouldnt seek legal recourse and it just proves what I am saying even more. IF employers were so confortable explotiing this system then the only reason that would be is because they dont expect the workers to take any action against them. You’re the only one here saying workers should take no action against their employer who is taking their wages. Actually in one of your comments you said they should “protest until the boss wont do it anymore” which is a terrible suggestion.

You’re intentionally trolling and im done feeding you.

No. I am assuming that the business is committing fraud by misleading their employee into thinking their pay will remain $2 + tips even when their tips are below the min wage or the business is just paying $2 + tips instead of the legal min wage. The only thing being discussed here is the Fair Labor Standards Act. Everything else is random shit you’re making up to muddy the water.

A general strike would be the best outcome for the business. All they have to do is say "ok things have changed we will pay you what you’re lawfully owed.

Legal action the business could be fined 10k or more and the employee gets all lost wages + costs.

Do you seriously think that I believe that fraud doesnt happen? What would give businesses the impression that they can commit fraud? Oh it would be people not suing the fuck out of them.

If its a slow day and your employer doesnt pay you the legal min wage then you sue them. Its that simple. You dont turn around and act like getting no tips that day was the reason you made $2.

No where did I blame victims. The original post made the claim that a lot of employers will refuse to pay. I said no a lot of employers wont do that because they would get sued out the ass. He said “if they think they can get away with it” which is a redundant statement, no employer who doesnt think they will get away with wage theft is going to still commit it. So then the original argument is still a lot of employers do not commit wage theft because they would get sued if they did. Employees should continue to take legal actions against employers who do not pay.

To think that employees standing up for their legal rights is victim blaming or licking capitalist boots is braindead.

If they think they can get away with it doesnt matter. Obviously the only people commiting wage theft are the ones who think they can get away with it. Its up to the employee to ensure they do not get away with it.

It would actually magically transform it from a tipped position to a non tipped position. If you dont tip the server they still receive a legal min wage. If you tip the server all you’re doing is paying the employers share of that employees wage.

You wish they did because then you’d have a easy lawsuit with plenty of lawyers willing to take that case. “lots of employers will refuse to pay” is a straight lie, employers are happy to pay the wage if you dont get any tips. Its still min wage and min wage is fuck all.

Canceled is getting the job then getting fired cause of an old clip. Deserved or not it fits the definition.

He got a job on SNL and within 24hr someone had dug up an old podcast clip and he got canceled for that.