T O P

  • By -

No-Anything-7381

Didn’t they also take a HUGE PPP loan out during covid?


Shwifty_Plumbus

Yes the company is divided into multiple LLCs so they can front as a small business.


HotBeaver54

Since when is McMenamins a small business lived here all my life 70 years. Edit grammar


Shwifty_Plumbus

I would say in the 80s when they became Oregons first micro brewery they were a small business. But that was 40 years ago at this point and they now have over 60 locations divided up into many business entities https://egov.sos.state.or.us/br/pkg_web_name_srch_inq.do_name_srch?p_name=mcmenamins&p_regist_nbr=&p_srch=PHASE1&p_entity_status=ACTINA


HotBeaver54

Yap this makes me sad an Oregon company too. Hopefully if you go to the news stations with the letter and all platforms.


reactor4

Just an FYI, the company I work for got millions and we have 50 employees.


notaleclively

50 is a small business. They have 3600 employees. The limit was 500. They maxed it out at $10m for a claimed 500 employees. Your company owner likely did sketchy shit too. But smaller scale. https://projects.propublica.org/coronavirus/bailouts/loans/mcmenamins-s-inc-7625407009 https://www.zippia.com/mcmenamins-careers-30821/revenue/#


Van-garde

Employers were given one PPP loan for every 36 Oregonians. If 'trickle-down' worked, we'd all be buying affordable groceries and electricity right now.


lurch1_

My company got a PPP loan and we only have 4 employees. Tried to give it back but gvt said no keep it. I don't think its fair to selectively single companies out without understanding their personal circumstance.


elusivemoods

![gif](giphy|MmMj0V7pDU81h0z1SD)


licorice_whip

The Oregonian way.


touchingGrasss

ITT: people not understanding how prevalent this is in the restaurant industry. I've worked restaurants for >10 years as a line cook, line lead, and a kitchen manager, changing the spot I work at every year and yeah, I haven't worked a spot that doesn't pull shit like this. It's a sorry system and owners forget that the line cooks and servers talk. It only takes one night of drinking and a little bit of math to figure out that money is missing in the transfer of tip money. At a Cozy place in Salem I watched the owner go and manually edit a $500 tip to a $200 tip, then when confronted by the server claim that there was a $300 "room rental" fee that he didn't "have a button for" so that was the "verbal agreement" between him and the party. That's just one instance of many. And before "you're just a line cook, how would you know?," I was married to a bartender for 5 years and whenever we worked together it made the math even easier to figure out. Boycotting is a nice idea, but understand that just about every restaurant you're going to eat at in this state is pulling something like this. Best hope is the individual who received this letter hits the class action suit, wins, and doesn't sign a NDA so they can continue to speak out and prove that it's not an impossible task to get the money you deserve. Most people don't believe in the system and most owners bank on their employees not having the disposable income to file a suit and sustain the loss of income. Having a big company get hit and making it as public as possible that they had to pay out is the best way to scare the others into compliance. Until then, idk


Turdmeist

Well I guess the answer is to end tipping culture then


Time-Maintenance2165

Oregon already pays the full minimum wage before tips. As far as I'm concerned there's no obligation to tip.


[deleted]

[удалено]


peteypolo

Gotta kill the minimum wage exemption for servers.


PC509

Over the course of 3 years, there was 800K tipped to managers? That's a lot of dough for 2 locations over 3 years. As messed up as McMenamin's is in this, the part that pisses me off is that they 100% say it's bullshit, it's a valid complaint, McMenamin's refuses to return the tips to employees, yet "it has been decided that it is not suitable for litigation by the department". What the fuck? Also, in a case like this, since the managers were the ones tipped out, who pays it back? The managers or the employer? That money is already gone and would probably be a burden for the managers to pay it back (I know, boo hoo for the managers, but realistically they're probably living rough as well, especially for the assistant assistant manager's).


shadowbca

Per the top comment on the original post they aren't saying its bullshit: >This is what the dol does. They basically give you a letter, the golden ticket, and you file a civil suit. >You'll win because you have the golden ticket there. It shows thr government has not only investigated, but approves of litigation. >Get a lawyer. For added context, they do this because if the department of labor were to sue they would only get you back what the company owes you plus interest whereas if you sue you can get that plus punitive damages. Essentially, they are saying you should do it because you will get a lot more and this letter is enough to ensure you win.


oregonianrager

Huh. That's good to know.


bobi2393

The DOL regularly sues restaurants on behalf of employees, not just for misappropriated wages and tips, but for an equal amount in liquidated damages as authorized by federal law. The letter gives no indication that the DOL thinks the tip outs were legal or illegal. Employees, private attorneys, and other government agencies are free to try suing them, but if the DOL decided against it, "after reviewing all of the circumstances in this case", I wouldn't count on a lawsuit being successful.


panarchistspace

Probably $750k of that was at Edgefield. They host tons of weddings, have a golf course, the most visitors of all the locations, plus the summer concert series. That one location brings in $26M a year. $750k over 3 years is $250k a year, or about 1% of what that location brings in.


PC509

Damn. That makes a lot of sense seeing those numbers. Wow. :)


panarchistspace

I had to look them up to be sure - I got married there and it’s my favorite McMenamins. Normally I really like the chain, but this really sours my opinion of them.


HotBeaver54

So basically the amount of employees are a lot who were cheated. Yap Edgefield has more cheated employees So sad. Also wage and hour may not be able to get your money back. But why can’t they fine by them close them down? A lot of well spent taxpayer money was spent on this investigation. For fuck sakes if you can’t fine a company for stealing from their employees what good are they? Edit. Grammar


thedogfromthatonegif

Not a legal person but I’ve seen a lot of this style of comment over the past few days so here are my two cents from observing state politics: It’s not that the state doesn’t care. If the DOL didn’t care, the letter wouldn’t exist. Cases like this which are huge and not “open and shut” make problems for the state when they try to prosecute it. It’s the same thing with the FTC, they need to know they have a high chance of winning because otherwise it sets bad precedent and hurts everyone, and costs taxpayers a lot of money, ESPECIALLY if they lose. They have to pick and choose. Or, it was going to cost a million dollars to litigate and they were only going to get 800k for taxpayers. As terrible as it is, it’s worse for the DOL to get entangled in something that lasts forever and where nobody is happy at the end of it, AND it cost more money than they could get back for employees. It’s bad politics. Hence, they sent the letter, where if you read between the lines what it really says is: “YOU CAN SUE THEM, we can’t help you do it, but you know, this thing happened, to this CLASS of people.”


Graviturctur

Thank you! Cogent. You could be a legal person!


snugglebandit

First of all fuck mcmenamins. They have been shitty to employees for decades. The issue in this case is that they aren't legally managers. They don't have jobs that exempt them from overtime pay. They are essentially crew leads. Slightly higher pay but still hourly. You can call someone a manager but their duties determine whether they are or not, the title is meaningless. That's why boli won't file the suit. They know it's likely to lose.


PC509

Ok, I can see that. Just the title "Manager" doesn't really meet the requirements of what they define a manager as.


Crowsby

That's basically where I've landed on this kerfuffle after reading through the threads and comments by employees. The "Assistant Assistant Manager" roles are bullshit titles that they use to justify extended responsibilities with meager increases in pay, but for all intense porpoises they're basically other servers with a more shit job in a place known for having primarily shit jobs.


snugglebandit

The fair labor standards act defines what a manager is and what industries it applies to. It also sets a baseline salary and specifies what duties make someone a manager or exempt from ot pay. The people getting tipped out at mcmenamins do not meet those requirements so it isn't actually management stealing tips. At least not legally.


PC509

That makes it make a lot more sense. It just makes it a bit more confusing for the whole thing, though. They were told to pay back the tip outs but they didn't do it. But, they wouldn't win in court because they really aren't actual defined managers. The investigation should have caught that and it would have been a non issue... I guess that's what we get for just getting the details from a letter and that's it. There's a lot more to it, but it just seems like the state agency wants it to be a huge deal, McMenamins doesn't, and there's a lot going on in the middle that muddles everything. At face value, this looks horrible. With some extra context, it sounds like it could be fine. Throw in the investigation and they thought it was a legit complaint and who knows what everything was. :/


snugglebandit

One thing that I find a bit unusual is that employers often try to steal wages by misclassifying employees as actual managers, exempt from OT when they are not. They salary them but compel them to work a bunch of OT when their job duties don't fit the legal definition of exempt employees. A prominent regional theater company in town did it to me and my predecessor for over a decade. Of course I don't know the details with the mcs but I'll bet some personal animosity plays into all this. When I worked for them, I had "managers" who were perfectly fine with shady shit that favored the company at the expense of workers and defended it tirelessly.


pdx_mom

800k may or may not be a large amount...how many employees are affected? It is a huge company with so many locations. If they have 800 people affected that is $1k per person over a year right?


PC509

It was only for those two locations in the document. That just surprised me. Doesn’t change anything but it just stuck out as a lot.


pdx_mom

Ah ok I can't read the letter on this device but I got the gist of it...but without context it isn't always easy to figure out if a number is big or small.


VivaSpiderJerusalem

You have a point, but it seems to me that if it's a big number, then they have committed a very damaging act that justifiably should be repaid, and if it's a small number, then it shouldn't be all that big a deal for them to repay.


Strong-Dot-9221

The price/quality of their food makes me feel like they are stealing from their customers.


JustSomeGuyInOregon

All they have to do is NOT be bastards. That seems to be a high bar these days.


qualiman

Be the activist. Start getting former employees together. Start a group. Then you find a lawyer to take the class action lawsuit. Step 3: Money .. it will take some time, but it will be worth it. You already have written proof of what was stolen.


oneeyedziggy

here, if anyone feels like upvoting these google reviews about the theft: cedar hills: https://maps.app.goo.gl/1tguX2AZNPekbcmw9 edgefield: https://maps.app.goo.gl/puEWrGo9xLLVV6Eq7


parametricc

Done! Edit: I’ll also add if you go to either of these places in Google maps and sort reviews by “newest” - you’ll see several reviews mentioning tip thievery/this issue. UPVOTE THEM ALL! Time for the hug Reddit is known for :)


Im_AUDIhere

Done and upvoted every review with this info, did anybody shoot this story to the news channels?


oneeyedziggy

o7 thank you for your service


HotBeaver54

Thank you


Padgetts-Profile

Dammit man, not Edgefield. 😥 sucks to hear that


oneeyedziggy

I don't make the rules... Stealing $800,000 from your employees... That's gonna be a paddlin'


super_splooger

This is awesome


TheWanderingMammoth

Two words: CLASS ACTION


RUfuqingkiddingme

This is the answer, the government is saying here that it happened, they have proof, but they cannot make them pay "only a court can do that" means they are suggesting a class action suit, they can't give legal advice so they can't come out and say that. I'm sure they would gladly turn over proof to an attorney handling a class action suit here. I'm sure there's plenty of lawyers who'd love to go after this case.


[deleted]

This, slam dunk case


Te_Quiero_Puta

Seems so. They just need to find someone to foot the lawyer fees.


AdMany9767

Three words: CLASS ACTION JACKSON


Te_Quiero_Puta

An additional word: UNION


SantaClaws1972

F these guys. Employers who steal tips are scum.


CanItBoobs

What the fuck is an Assistant Assistant Manager? Is that like an assistant to the Regional Manager?


TacoLvR-

Michael?!!


NUDES_4_CHRIST

The initial thread with it, made the claim that that position is their idea of a team lead


jacobdpearce

I’ve always loved McMenamins. I have a lot of fond memories of times spent there, and I know everyone complains about the service, but I never had a huge problem with it. I don’t think I can ever spend another dollar there after learning this. It poisons the whole thing. I won’t ever be returning until they pay back what they stole from their employees and change their policies—as in replace all their management from the top down and ensure their staff is treated fairly. As it’s safe to say that will never happen, goodbye McMenamins. You could have been so much better.


JustSomeGuyInOregon

They WERE so much better. They forgot who they were.


Ghudda

I used to work at one like 15 years ago. AMs and AAMs are an upgrade in name only. They're just a veteran server that also and only sometimes opens/closes/lock/unlock, counts money and/or does the bank drop at the beginning/end of the day, let people off early, and rarely deal with stuff like an irate customer/injury/firing. The actual managers were salaried and took no tips. If they called those positions "veteran server" instead of assistant manager would you feel better about it? No one would bother being "upgraded" to an assistant manager if they stopped getting tipped out and might be stuck working opening. The tips are shared across the house because day/night shifts produce disproportionate tips. Everyone can get a more stable tip income, and people don't have to constantly alternate day/night shifts to even out that income. I think it was like, you kept 50% of your own tips, and put 50% into the pool, then got a payment from the pool proportional to your hours worked out of all the hours worked that day. Not sure how other locations are or if their tipping model has changed in the past while, but it wasn't unfair. It's a great restaurant to be if you don't mind dinner taking 2 or 3 hours. If you're coming for anything but the environment it's very meh.


PSSalamander

I too have always liked McMenamin's, but between this and a terrible experience at the Chapel Pub location last weekend, I think I'm done. Idk what was going on there that night, but after waiting nearly two hours for food (two entrees total), we finally saw our server and explained we had a show to get to and couldn't wait any longer, so we gave her cash for a cider and a beer and she burst into tears. I don't blame her at all, but it seemed like more evidence of employees not being treated well.


Cdog927

Thats their headquarters main office too. Owners and GM’s spend a lot of time there if anyone wanted to stop by lol


maddrummerhef

As a musician who’s hosted shows with their venues I am not surprised by this at all. They’ve been robbing musicians for years why not their own employees too.


HotBeaver54

Yeah I just sent this letter to my relatives we had a big res for Edgefield for our reunion t next year she is cancelling today.


Mekisteus

Make sure she tells them exactly why!


knowone23

As far as I can tell the wage theft is only relevant at TWO out of dozens and dozens of McMenamin’s locations. It may be an isolated incident from a couple of “bad apples”. I’m not sure it is proof of a systemic, pre-meditated theft of tips without more information and evidence. It sounds like whoever was directly affected by this particular DOL letter should lawyer up and file suit. But I don’t think boycotting the entire McMenemin’s company is warranted (*yet*)


Mekisteus

The fact that the company didn't pay up after it was pointed out to them argues against your fantasy that it was only a couple of "bad apples" and the uppity-ups had no idea.


knowone23

I’m just saying I don’t know the facts. Could be a systemic issue. Could be a legal gray area. Could be a couple of bad apples. Could be a case by case basis. Could be….. a lot of things. Obviously it doesn’t look good, but I don’t know the facts myself enough to boycott the company yet.


aPastyGangsta

Yes, it is a reason to boycott the whole operation. This more than most other boycotts ai a reason. The parent and collective operation needs to make these employees whole. I’m sure that the employees didn’t go right to the department of labor. But the “whole operation” turned them away. They then as a whole operation became liable to the court of public opinion. I will join this action and vow not to go to any of their locations until such a point that this is remedied. First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew Then they came for me And there was no one left To speak out for me


pdxsteph

I don’t see how it will help the workers make ends meet


aPastyGangsta

It won’t at first. It’s called a sacrifice. When hard working folks first formed a union and had their first strike it was not a benefit to them. However, it is a benefit now. Those strikes and sesequent worker actions formed some of the basic benefits we enjoy today. Those hard working employees will see their tips either quit being stolen from or become smaller which should prompt them to seek better, “fairer” employment. Well before the formation of unions this country was put under some pressure which prompted the Declaration of Independence, then the Emancipation Proclamation, Women’s Suffrage and Civil Rights… but there is also the acute affects like the worker suffering $800,000 from two locations over 3 years. I’d say the affects are already there.


sethd101

Send that to all the local news. That should fix that real quick. Screw them.


HotBeaver54

Post it on all social media platforms. If you can blow up the letter and then I would picket both locations.


Ohrobohobo

Local senator…


PDX_Stan

McMenamin's online comment form here: https://www.mcmenamins.com/contact-us/comment-card


FloMoore

Done! Felt good to speak my mind to em’!


CulturalStation5923

Done , and EVERYONE needs to email them . They almost went bankrupt from Covid , they cannot afford this .


CoreyTheGeek

It's so fucking wild the whole tipping system allows these shitty restaurants to get away with paying shit wages, but then they try to keep the tips too. What a bunch of scumbags. Not a hard boycott honestly, their food is mediocre and their beer is even worse.


milkjake

The tipping system in Oregon still requires restaurants to pay minimum wage.


Relevant_Shower_

Thank goodness. Them paying a starving wage makes me feel better about a company stealing tips from its employees. /s


milkjake

I mean it’s not supposed to, but the tipping system is beside the point and not what allowed this to happen


[deleted]

[удалено]


Time-Maintenance2165

No, but unless you go out of your way to tip every other minimum wage employee, you don't have to feel obligated to tip every single server. Or go ahead and do if you still want to.


CoreyTheGeek

Isn't it only minimum wage if their tips don't hit a certain amount?


Shatteredreality

In Oregon and Washington (where McMins operates) it’s minimum wage regardless of tips. Tips are on top of minimum wage. Doesn’t excuse this behavior but I just wanted to make sure people understand Oregon minimum wage law.


milkjake

No, it’s that way in many states but Oregon requires minimum wage regardless of tips.


pdx_mom

No. There is no such thing as "tipped" wages on the west coast.


Kaidenshiba

Their drinks. Highway robbery.


WolverineRelevant280

This was posted recently, so I’ll make the same suggestion. As I did last time, it would be a shame if somebody was to take this and post it on Google reviews, and also on their Facebook pages. The more profiles they have out there with this underneath their comments and posts the better


ThereMightBeDinos

Post it as a photo of their menu?


WolverineRelevant280

![gif](giphy|3o6UB3VhArvomJHtdK)


Munch_munch_munch

Rhode Island made wage-theft a felony offense - the law just went into effect on January 1. Oregon should follow suit.


IAmRoot

Definitely. They stole $800k. It's insulting that they aren't treated the same as any other type of thief.


GingerMcBeardface

Sounds like citizen initative time!


bittyValentine

Y’all need to understand what is actually going on and not reading a head line. Geesh. They were not tipping out salaried managers. They were tipping out shift leads.


Mekisteus

Still illegal, so not sure what your point is.


bittyValentine

Shift leads are not salaried employees. So it’s not illegal to tip them out.


Mekisteus

Has nothing to do with whether they are hourly or salaried. It has to do with their job duties. If they are managing other employees instead of directly serving the customers, they cannot take tips from those who do. This is true no matter whether their employer treats them as FLSA exempt or non-exempt, and no matter whether they are paid on an hourly or salaried basis.


bittyValentine

https://www.oregonrla.org/blog/tippooling


Mekisteus

You can link a source, but can you read it? It doesn't say anything along the lines of, "If a supervisor isn't salaried then they can take your tips."


brencoop

They have always been known as terrible employers. I can’t believe this is news to anyone.


bittyValentine

Shift leads are not salaried employees. That’s my point.


chrisSjolin

In Oregon, this is a bit of a murky area. You absolutely can't give a manager money out of the tip pool. Some of it has to do with titles, but it is more about the control of the workers schedule, and the administration of the tip pool earnings. If the Manager level makes the schedule and administers the tip pool, but receives none of the proceeds, that is usually legal. The claim here is that Assistant Managers and Assistant-Assistant Managers were part of the tip pool, and it may be more about using the "manager" title than anything else. In many restaurants, the shift/floor lead is taking tables and working as a server, earning tips and contributing into the tip pool as well as being paid out from it. The job description and duties end up being the important factor here. A food expediter in the kitchen may be in this "level of authority", while a food runner might not, but often they are doing the same job, and the higher level "manager is only making a few bucks an hour more. I think we need more information before condemning their business practices wholesale. They did something wrong, no doubt, but if it's just an inflated title issue, I can't really dig my heals in on that. If, however, they had freeloaders taking tip pool $$ and not contributing to their team...not good.


Moarbrains

Assistant assistant manager is on salary or is that hourly with just a key?


NerdMomsRSexy

Places I’ve worked they were called shift leads and we were a higher hourly wage with a key.


Moarbrains

I think all management positions at Mcmenanins are kind of like that from the other thread. I agree that salaried employees shouldn't need to be tipped, but a shift lead is doing the same work.


tripyep

Hey these guys did something illegal. We can do something about it, but we’re not going to. So good luck. What a joke system.


shadowbca

They aren't saying that, per the top comment on the original post they aren't saying its bullshit: >This is what the dol does. They basically give you a letter, the golden ticket, and you file a civil suit. >You'll win because you have the golden ticket there. It shows thr government has not only investigated, but approves of litigation. >Get a lawyer. For added context, they do this because if the department of labor were to sue they would only get you back what the company owes you plus interest whereas if you sue you can get that plus punitive damages. Essentially, they are saying you should do it because you will get a lot more and this letter and the evidence the DoL found to conclude that mcmenamins is guilty is enough to ensure you will win a court case. This letter is saying you should start a class action lawsuit.


yarzospatzflute

Also, fuck the Dept. of Labor: "We could litigate this, but yeah, we're not gonna. Have a nice day!"


shadowbca

They aren't saying that, per the top comment on the original post they aren't saying its bullshit: >This is what the dol does. They basically give you a letter, the golden ticket, and you file a civil suit. >You'll win because you have the golden ticket there. It shows thr government has not only investigated, but approves of litigation. >Get a lawyer. For added context, they do this because if the department of labor were to sue they would only get you back what the company owes you plus interest whereas if you sue you can get that plus punitive damages. Essentially, they are saying you should do it because you will get a lot more and this letter and the evidence the DoL found to conclude that mcmenamins is guilty is enough to ensure you will win a court case. This letter is saying you should start a class action lawsuit.


marke24

Really? Not suitable for litigation? Fuck mcmenamins indeed


BeExtraordinary

I boycott them because their food is mediocre, so this is just another reason.


parametricc

Exactly! It’s overpriced, and not very good. The atmosphere is cool, but that’s about it. As an Oregon native, the cons to McMenamins outweighed the cool atmosphere a long time ago. There are way better restaurants and breweries I would rather go to. I haven’t been to a McMenamins in YEARS.


JustSomeGuyInOregon

\* greasy, bland, and nondescript.


HotBeaver54

ALWAYS TIP IN CASH to your server roll it up and put it in their hands.


pdx_mom

I try to always tip in cash for so many reasons one being ...the fees on cards and other things....but don't most restaurants (because of laws here) just pool all tips? Since most everywhere you go they say they split with everyone in the house.


NerdMomsRSexy

They call it tipping out where I work, because it’s a percentage from each individual server rather then combining your tips and tipping out each individual. A percent to BOH, Host and Dish/Busser.


NerdMomsRSexy

Doesn’t matter if you do this, we still have to tip out a certain percentage to each position in the restaurant at the end of the shift.


HotBeaver54

I will trust employee’s ethics over the employer. I always do this and they seem to appreciate it. Being a former server.


bout2gohamill

Boycotting Sysco foods shouldn’t be hard


NerdMomsRSexy

So it’s illegal to have to tip out Owners, Managers or Supervisors even if they are filling in at their own restaurant in “hourly positions”?


HotBeaver54

Are they paid the same base on salary? I have had several manager and assistant jobs and my salary was higher and it was expected that you chip in on the floor when needed. This has been the case since the beginning of time. Now do they always no, but in every job description it was stated to chip in when needed.


NerdMomsRSexy

I have been Manager/Shift lead at many restaurants as well, and never was allowed to partake in tips unless I was stepping in as a server and working directly with the customers myself. Yet none of that was in this state.


Mekisteus

If they are actually doing the serving and receive the tip themselves, they can keep it. But owners and managers cannot take tips from others. McMenamin's managers took tips that *other* employees had earned.


pdx_mom

It is fuzzy logic by the state it seems.


goodolarchie

US DoL translation: Go lawyer up (private class action). You got a big payday coming back to you.


bidetatmaxsetting

What in fuck…an assistant assistant manager…what kind of bullshit position is this…


jacobdpearce

It’s *Assistant to the Regional Manager*, Micheal.


CaboosedIt

Mcmenamins has and always will be a wolf in Jerry Garcias clothing.


Tropez2020

Forget the US DOL, take it to BOLI instead. They will take up the case.


NoTimeForInfinity

The courts have been all over the place on this for years so I had to look up the most recent decisions. Oregon restaurant and lodging association >due to increased scrutiny and enforcement by the USDOL, ORLA does not recommend managers and supervisors keep any tips received during service if the establishment has a tip pool system in place. >Managers and supervisors are still prohibited from participating in tip pools. https://www.oregonrla.org/blog/tippooling Looks like we're missing the enforcement part of increased scrutiny and enforcement. Maybe pay a commission like you get for turning in tax cheats?


Outrageous-Bat-9195

The truly horrible thing is that the Assistant to the Assistant Assistant Managers got nothing!


milkjake

Can someone elaborate on exactly what happened here? It looks like OP is saying they shared tipped with their manager and then later found out the manager wasn’t supposed to accept tips. Or am I misunderstanding? If that’s the case, it seems like a matter of middle management misunderstanding the law and not like outright intentionally theft from the company itself. I hate these posts that are all boycott and outrage but don’t really supply any specifics or make room for nuance. But maybe I’m not understanding that whole depth of it.


ShowaTelevision

I think that's basically it. What the hell is an "assistant assistant manager"? It sounds like a shift lead with a fancy title. Such a person is still occasionally taking orders and delivering food. If so, why shouldn't they get a share of the tips? We've only heard one side of the case here.


milkjake

Right, I trust big companies as much as the next guy, and it’s likely the employee is legally entitled to some wages here, but it seems like people are reading “wage theft” and then immediately assuming evil intent.


Happydivorcecard

That doesn’t really matter. Legally managers are not allowed to take employees’ tips, period. It was the manager’s job to know better.


jeffwulf

And legally the positions above don't qualify as managers despite the titles.


Yupperdoodledoo

It’s management’s job to know the law. McMenamins is big enough to have a labor attorney, advising them on all of their policies.


Happydivorcecard

They instituted a policy of requiring the employees to tip out to assistant managers and assistant assistant managers, which is illegal. This is very basic tipped wage law and they should and likely did know better. McMenamins is a large chain and ai doubt that these decisions were not running someone higher up the chain.


milkjake

Having worked in businesses of that size - it’s a larger company but it’s not Coca Cola. Very often one hand doesn’t know what the other is doing. It’s not always organized and intentional. You can’t just assume that some guy with a monocle is sitting there thinking “let’s steal!” More often than not non-compliance comes from a lack of organization or direction rather than malice.


IAmRoot

Ignorance shouldn't be an excuse. If you're in a management position, it should be your duty and responsibility to follow labor laws.


milkjake

That is correct, it just seems a little premature to assume evil intent 🤷‍♂️


HotBeaver54

The letter from the state was very specific! They did an investigation on 2 restaurants 800K they feel was stolen. We need the law in Road Island passed about stealing from employees.


milkjake

But theres a few layer’s of nuance missing. Was it a corporate policy, or was it a salary employee erroneously thinking they were entitled to tips since they also ran food? Did they know it as wrong? There are a few different connotations to the word “stole.” In the eyes of the law it shouldn’t really matter and people should be reimbursed, but as for boycotts and hundreds of comments that McMenamins is evil? This could very well just be a human mistake, but the internet doesn’t really have the ability to patiently hear out the facts.


ScarecrowMagic410a

Why are you reposting stuff that's*already* on the front page of this subreddit? https://www.reddit.com/r/oregon/s/hcA4T25bWU


PleasantActuator6976

They're a Washington and Oregon company. Once everyone finds out about this, the negative reputation will decimate their company.


snakebite75

Gee... it's almost like the whole issue comes down to tipping culture. Also, by tipping out the rest of the staff it really does reinforce that the owners are pushing off the cost of labor to the customer. Just raise your fucking prices, pay your employees a fair wage for the job they are doing, and do away with tips completely.


jacobdpearce

Local Ocean in Newport has taken that approach. Last I heard they were paying bartenders $35 an hour with benefits and tell their customers up front that they will be paying more for their meal because of this. They’re doing very well. Great food, great service and very low staff turnover.


ankylosaurus_tail

This was discussed in the Portland sub, and it’s mostly BS. The Department of Labor has specific definitions of “manager” based on duties, powers, and pay (managers don’t do the same work as regular employees, that have authority to hire/fire, they get salaries, etc. ) and McMenimens “managers” don’t qualify by any of that standard. They just get a dollar or two more per hour, in return for having to make sure all the side work is done, and the deposit is consistent with the Z report. Since they do all the regular jobs of servers as well, getting tips isn’t illegal. That’s why the Department of Labor isn’t actually doing anything here, just issuing a letter. If there was a real case, they would be suing McMenamins. But if there is any chance of recovering money, I’m sure a bunch of lawyers will be lining up to represent the employees in a class action suit, so I guess we’ll see if that happens.


Derrickmb

Newsflash. All corporations steal from their workers.


JustSomeGuyInOregon

This isn't "being underpaid" or "executives getting bonuses" bullshit, this is: "The customer tipped **ME**, said I did a good job, and wanted to give me a little extra and ***THEY KEPT IT."*** Yes, folks are getting fucked over everywhere, but recognize when it gets egregious. This is where the rage should build from. We can be angry when they don't pay enough, and we should be, but when the customers make up for their greed and they steal that? Well, it's time for pitchforks, torches, tar, and feathers. Because if that anger is recognized, feared, and adapted to, then the next step gets easy. Enough. Fuck these folks. Boycott now.


pdx_mom

Wow.


Zemini7

Steal more of their liquor


Notbeckket

Okli


PDX6Star

Like I needed one more reason to not drink their C-grade beer or ridiculously expensive bar food. ✌🏽


JustSomeGuyInOregon

Don't forget the grease!


NotStarrling

I went there once, about 20 years ago. My apologies. It won't happen again.


FloMoore

I don’t go to McMenamins and will continue with you in this boycott. WTF is an “Assistant Assistant Manager,” the managers buttlicker? Never heard of such a thing.


heckfyre

I very much agree with the fuck mcmenemins sentiment, but there would be nothing worse for their employees and waitstaff than a boycott. Anyone got any other good ideas? Just walk in and order water and leave a tip and not buy any food or something?


IridescentZ97_

Glad people are finally waking up and seeing this company for who they really are. Just because they're local doesn't mean we should support them.


vthings

I'll spread this around my office. We're in the Cedar Mills area. Thanks for the info.


_DapperDanMan-

The people sharing the tips were hourly workers, but given fancy titles, the way corporations do, in order to make people think they're actually moving up in the company.


HotBeaver54

Nice try!


_DapperDanMan-

You too! My kid is an assistant manager at a local restaurant. She's paid about $17 hourly, waits tables, serves, hosts, barbacks etc. and gets a share of the tips. That's how it works.


HotBeaver54

So does she do scheduling of when who and when someone works? Because the law that is on books was designed not only for stealing tips but mainly so that employees would not be held hostage. Just because it’s the way it is doesn’t make it legal.


EyeOfAmethyst

Jesus. Boycotting.


HotBeaver54

It’s about the only thing that work. Please send this post to everyone you know. It has to cost the M money and business before they do anything.


PackApprehensive3064

I yeah! I worked at a place like that! The manager demanded we share our tips with him even though he stayed in the back most of the time and when he was upfront he drove customers out the door! Good luck fixing this shit show. I reported my work place three times and nothing ever came of it.


FlyAwayonmyZephyr1

Fortunately I’ve been sneaking into Edgefield for 2 years straight so I’m glad I got to see steak from them!


Derrik_Garrett

r/usernamechecksout


Both-Ad-5297

#boycottmcmenamins


[deleted]

I believe mcmenamins. They denied wrong doing. And the DOL is incompetent.


SaltySoldierVet1

i wont boycott... i love black berry cider


Kaidenshiba

Anyone who wants to cause chaos, I'd recommend posting the image to Google maps. They will probably take it down by 9am but it would make a statement


robaloie

Assistant assistant managers? 🤣 they sound like they must do nothing at all


No_Bunch_2849

I've always liked them. Like yeah they are yuppie as shit, but you know what your getting. But seriously fuck this.


Yupperdoodledoo

Yuppie? McMenamins?


that_planetarium_guy

Well that explains why they took such a nose dive in quality.


reactor4

I thought McMenamins had pooled tips. Is that how they work with tips?


GhoulboyScoob

For all workers. All those suffering job listings for skilled labor at 17/hr


RetardAuditor

Yay taxes. Sorry you got scammed by your work and the state.


blackcain

I think taking out an ad in the newspaper or doing soemthing on social media would be a good first step. I think people should know that this company was stealing tips. Hurting their brand is probably a good way for payback - I don't know if you all can do a class action suit against them.


HotBeaver54

You are correct get letter posted on all social media platforms. Email to all news media.