NM’s HB31 Amended to Protect Tips; Understandable but Flawed

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House Bill 31, the “Phased-In Minimum Wage Increase,” has been amended to protect earned tips of restaurant servers.

The amendment reads:

“From the effective date of this 2019 act until July 1, 2022, an employer may pay a lower cash minimum wage rate pursuant to Subsection D of this section only if the employer can establish that for each week that an employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips works, the sum of the employee’s tips combined with the employer’s cashwage is not less than the minimum wage rate as provided inSubsection A of this section (NM Representative Miguel Garcia, NM Legislature, 2019).”

I think it’s logical for restaurant servers to react defensively to this bill as it was originally written but I think that reaction is based in an understanding that helps their employers take advantage of them.  As I’ve stated in previous postings here, a tip from a customer in any industry is not mandatory.  Even if a server demands a tip, the customer is not legal bound to provide one.  It is simply an expression of good faith on the part of the consumer toward the business worker.  I don’t believe that any worker’s pay check should be contingent upon the potential good faith of particular consumers.  All of the responsibility of worker pay should be on the business.  A separate “serving wage” for food servers creates a minimum wage double standard between the food service industry and every other industry and it is exploited by businesses whose bottom line is higher profits.

“You have the possibility for more money through tips so I’m going to pay you less than the standard minimum for every other industry.”

^ That is the logic behind this double standard, it essentially outsources responsibility to the workers themselves forcing them to become entertainers as well as food servers, begging for tips because they get paid less than other workers.

Customers in any food establishment should not be expected to supplement the wages of the servers and they definitely should not be guilt-tripped into giving a larger tip out of sympathy.  Businesses should pay food servers the same minimum wage as every other industry as well as let servers keep all the tips they earn from customers.

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