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Valentina's owners stealing tips


Deej

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That's not a good look.

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 The popular restaurant in Buda, Valentina’s Tex Mex BBQ, is facing some backlash for its employee tip policy.

If employees broke certain rules, they’d be at risk of not receiving tips. The owners said the policy has since changed.

What was the policy?

A woman who said she is a former employee told KXAN tips were taken at their discretion and when they were taken, they’d be taken for the entire week the incident happened.

According to a screenshot of the policy circulating on social media, tips could be taken for a number of reasons:

  • An employee was late
  • No call, no show
  • Write-up during a shift
  • An employee was fired
  • An employee quit without two weeks’ written notice

Restaurant owner, Miguel Vidal, confirmed that was their policy

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

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35 minutes ago, TXSooner518 said:

Just fucking LOL at putting some of this shit in writing. Pretty disappointing, but the food is good enough that I'm gonna compartmentalize this as an oversight and take their word that they have fixed it going forward. 

Just make sure to tuck a little extra cash into any employee's pocket when nobody is looking. 

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That's not a good look.

 The popular restaurant in Buda, Valentina’s Tex Mex BBQ, is facing some backlash for its employee tip policy.

If employees broke certain rules, they’d be at risk of not receiving tips. The owners said the policy has since changed.

What was the policy?

A woman who said she is a former employee told KXAN tips were taken at their discretion and when they were taken, they’d be taken for the entire week the incident happened.

According to a screenshot of the policy circulating on social media, tips could be taken for a number of reasons:

  • An employee was late
  • No call, no show
  • Write-up during a shift
  • An employee was fired
  • An employee quit without two weeks’ written notice

Restaurant owner, Miguel Vidal, confirmed that was their policy

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

Some of y’all seemed shocked that a small family business has draconian policies in writing. I’ve worked for some of them. I doubt Mr Valentina went to HR school when he was figuring out his brisket in the back yard. It’s a reaction to problems that they encountered with employee behavior, namely chronic tardiness and no calls.

I worked for a family biz that instructed hourly employees they worked not for the company but the family and might be called on for different tasks. My accounting clerk might be absent to babysit for an owners kids. Truck drivers off the road to go trim trees on owner property, or building deer stands, or moving kids shit to college.

Another handled theft by calling the cops, having the thief employee leg shackled and handcuffed, then paraded down every aisle of warehouse and store while videos. Every employee then had to watch the video.
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1 hour ago, Texzilla58 said:

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

Some of y’all seemed shocked that a small family business has draconian policies in writing. I’ve worked for some of them. I doubt Mr Valentina went to HR school when he was figuring out his brisket in the back yard. It’s a reaction to problems that they encountered with employee behavior, namely chronic tardiness and no calls.

I worked for a family biz that instructed hourly employees they worked not for the company but the family and might be called on for different tasks. My accounting clerk might be absent to babysit for an owners kids. Truck drivers off the road to go trim trees on owner property, or building deer stands, or moving kids shit to college.

Another handled theft by calling the cops, having the thief employee leg shackled and handcuffed, then paraded down every aisle of warehouse and store while videos. Every employee then had to watch the video.

Sounds like a couple of miserable fucking jobs.

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1 hour ago, Texzilla58 said:

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

Some of y’all seemed shocked that a small family business has draconian policies in writing. I’ve worked for some of them. I doubt Mr Valentina went to HR school when he was figuring out his brisket in the back yard. It’s a reaction to problems that they encountered with employee behavior, namely chronic tardiness and no calls.

I worked for a family biz that instructed hourly employees they worked not for the company but the family and might be called on for different tasks. My accounting clerk might be absent to babysit for an owners kids. Truck drivers off the road to go trim trees on owner property, or building deer stands, or moving kids shit to college.

Another handled theft by calling the cops, having the thief employee leg shackled and handcuffed, then paraded down every aisle of warehouse and store while videos. Every employee then had to watch the video.

Shocking that employers are having a hard time finding workers. 

If you are in the business and don ‘t know its against the law to steal your employees’ tips, then maybe you shouldn’t be in business. It’s has only been the law since the 1930’s. 

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4 hours ago, Texzilla58 said:

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

Some of y’all seemed shocked that a small family business has draconian policies in writing. I’ve worked for some of them. I doubt Mr Valentina went to HR school when he was figuring out his brisket in the back yard. It’s a reaction to problems that they encountered with employee behavior, namely chronic tardiness and no calls.

“It’s not that big of a deal. To punish tardiness, they started stealing from their employees” is a weird take. 

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5 hours ago, Texzilla58 said:

https://www.kxan.com/news/local/hays/valentinas-tex-mex-bbq-receives-backlash-over-tip-policy/

Some of y’all seemed shocked that a small family business has draconian policies in writing. I’ve worked for some of them. I doubt Mr Valentina went to HR school when he was figuring out his brisket in the back yard. It’s a reaction to problems that they encountered with employee behavior, namely chronic tardiness and no calls.

I worked for a family biz that instructed hourly employees they worked not for the company but the family and might be called on for different tasks. My accounting clerk might be absent to babysit for an owners kids. Truck drivers off the road to go trim trees on owner property, or building deer stands, or moving kids shit to college.

Another handled theft by calling the cops, having the thief employee leg shackled and handcuffed, then paraded down every aisle of warehouse and store while videos. Every employee then had to watch the video.

So it's cool to treat people like shit if you're a small family business? That's a weird take, dude.

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4 hours ago, Deej said:

Shocking that employers are having a hard time finding workers. 

If you are in the business and don ‘t know its against the law to steal your employees’ tips, then maybe you shouldn’t be in business. It’s has only been the law since the 1930’s. 


Valentina’s owners seem like dumb dicks 

fuck them 

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Running a small business does not give an owner license to steal from his or her employees. There are better ways to discipline one's workforce. That tip policy is little more than rationalized theft.
As for the rest of your post, I don't think being a small business owner entitles one to treat one's subordinates as slaves. Employees are obligated to perform their duties as described and agreed. They are not obligated to perform menial off-site tasks at the owner's convenience. The owner owns the business, not them.

I’m not defending these businesses in the mistreatment of employees in any way. I was trying to point out how fucking common it is. It’s amazed me thru my career how callous a lot of these owners are.
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They were wrong. No doubt about it. They’ll be fined, probably sued and should lose the suit. 
 

But it’s not enough. They MUST be brought to heel - their lives, their livelihoods, their reputations and even their lives MUST be utterly destroyed. 
 

It is the way. 

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Yeah and when those employees no longer have jobs at least you can feel good about the certainty that their tips aren't being skimmed. 

 

Look at it this way, if those guys weren't concerned enough about this issue to to quit those jobs, why do you feel obligated to make that decision for them?  If your hissy fit spreads and costs them their jobs, have you accomplished anything but a muscle strain from patting yourself on the back?

🙄

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4 minutes ago, DoobieWah said:

Yeah and when those employees no longer have jobs at least you can feel good about the certainty that their tips aren't being skimmed. 

 

Look at it this way, if those guys weren't concerned enough about this issue to to quit those jobs, why do you feel obligated to make that decision for them?  If your hissy fit spreads and costs them their jobs, have you accomplished anything but a muscle strain from patting yourself on the back?

🙄

It’s not a hissy fit.  I’m not out in front of his restaurant picketing him.  I vote with my wallet, and I chose not to give my money to known shitheads and borderline criminals when there are non-shithead/criminal options of similar quality.  I’m in Austin 2-3 times per year, so I doubt my choice will have a whole lot of impact on the bottom line over there.  If there are enough people like me who live in Austin, maybe he should consider being a less shitty human.  Apologizing when it goes public doesn’t make you a less shitty human, it’s damage control.

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1 hour ago, DoobieWah said:

Yeah and when those employees no longer have jobs at least you can feel good about the certainty that their tips aren't being skimmed. 

 

Look at it this way, if those guys weren't concerned enough about this issue to to quit those jobs, why do you feel obligated to make that decision for them?  If your hissy fit spreads and costs them their jobs, have you accomplished anything but a muscle strain from patting yourself on the back?

🙄

Because everyone is in a situation where they can just up and quit their jobs.

Geez....

And how many people here standing up for his actions bitched about John Mueller not paying his taxes?

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21 minutes ago, Deej said:

Because everyone is in a situation where they can just up and quit their jobs.

Geez....

Exactly the point. 

If you put Val's out of business you've forced all of their employees to quit their jobs, whether they can afford to or not. 

 

What don't you understand?

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4 minutes ago, DoobieWah said:

Exactly the point. 

If you put Val's out of business you've forced all of their employees to quit their jobs, whether they can afford to or not. 

 

What don't you understand?

So that's an excuse to steal money from their employees? 

Maybe just don't steal money from your workers. It's not that hard. 

His employees may not feel they have an option. He's taking advantage of that. If he acts in a legal and moral manner, there is no issue. 

Sorry you would miss his food, you selfish fuck.

Edited by Deej
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Another Surly scrum unfolds before us.   
 

I’ve never been to Valentina’s or any of the other go to Austin BBQ joints.  I’m sure they are great.  
 

Q:  If the owner of Valentina’s changes his ways and policy, at what point are they forgiven and you get back in line?

I’m curious.   I own my own business and have upset customers on numerous occasions. For my efforts,   I’ve been in the penalty box several times but always got back on the ice. 

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3 minutes ago, deadshank said:

Another Surly scrum unfolds before us.   
 

I’ve never been to Valentina’s or any of the other go to Austin BBQ joints.  I’m sure they are great.  
 

Q:  If the owner of Valentina’s changes his ways and policy, at what point are they forgiven and you get back in line?

I’m curious.   I own my own business and have upset customers on numerous occasions. For my efforts,   I’ve been in the penalty box several times but always got back on the ice. 

I’m not the biggest hockey fan, but I’ll try to play along.  You can get 2 minutes for high sticking, 5 minutes for fighting, or if you walk up behind a guy and hit him in the back of the head with your stick the  ref can just send you to the locker room for the rest of the night, and the league can impose a lengthy suspension.

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1 hour ago, deadshank said:

Q:  If the owner of Valentina’s changes his ways and policy, at what point are they forgiven and you get back in line?

The owners said the policy has been changed.  If the DoL sees fit to issue a fine or otherwise punish the owners so be it.  If the adversely affected employees have grounds to sue or get restitution, great.  I'm not going to punish the current employees by boycotting the business they rely upon for their livelihoods.

I will continue to eat at Valentina's. 

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12 hours ago, elfenix said:

@hayden_horn can you ban @DoobieWah into CR?  he clearly wants to talk wage laws but doesn't seem to be able to find the right place. 

I disagree with @DoobieWah's position on this topic, but all his posts in this thread seemed relevant. Is he not permitted to disagree, and to express that disagreement?

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13 minutes ago, Jerry Callo said:

The owners said the policy has been changed.  If the DoL sees fit to issue a fine or otherwise punish the owners so be it.  If the adversely affected employees have grounds to sue or get restitution, great.  I'm not going to punish the current employees by boycotting the business they rely upon for their livelihoods.

I will continue to eat at Valentina's. 

That it was a policy in the first place is the problem.  This wasn’t some accident or accounting error.  it was a deliberate action to steal from his employees as punishment for getting stuck in a traffic jam on the way to work.  He wrote it down, looked at it, and thought it was totally cool.  He is not sorry for taking their money, he’s sorry he got caught.  I will give my $100 for lunch for 2 to someone else the next time I’m in town as there is no shortage of options.  I’ve not been there before, don’t know the people, and have no love for their product built up over multiple visits. I understand that those factors might play a role in someone’s choice to go there or not.  As an aside, I miss the days of getting a 2 meat plate for $15.

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uh, it sounds like this is one of those "Tip jar on the counter" situations. None of the employees are paid as tipped waitstaff; they all get minimum wage. 

I'm curious what federal or state wage law this attorney thinks is being broken? Which law says "cash in the tip jar must go directly to the employees and the owner can't touch it".

Now if the employee is presenting a printed bill to a customer with his ID on it and the customer puts a tip on the card/bill, that's different, as the employee is expected to pay federal tax on those tips.

Quote

Langenfeld said the Fair Labor Standards Act was enacted by Congress in 1938. It established overtime pay and minimum wage, which today is $7.25 an hour.

The exception is for tipped employees. They can be paid $2.13 an hour, so long as the tips they receive bring them up to at least minimum wage,” Langenfeld said.

Vidal said his employees are paid at least minimum wage. He said most average between $9-$16 an hour with tips included.

 

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14 hours ago, elfenix said:

@hayden_horn can you ban @DoobieWah into CR?  he clearly wants to talk wage laws but doesn't seem to be able to find the right place. 

 

1 hour ago, Braff Zacklin said:

I disagree with @DoobieWah's position on this topic, but all his posts in this thread seemed relevant. Is he not permitted to disagree, and to express that disagreement?

i agree with braff here. don't think doobie has crossed any political lines. maybe logical ones, but that's not out of the norm around here.

stealing tips, huh? well, see ya later.

there's no space at all for that shit. if you are using tips to subsidize wages, then that is part of remuneration. i ain't no attorney, but you can't just take tips from employees, tip jar/minimum wage or not. 

that's a terrible policy. just fucking terrible.

that said, they've changed it. maybe could be a bit more apologetic about it, but whatever. 

the question to me was asked earlier. when do they reach the threshold of grace and forgiveness?

never? i'm ok with that for stealing tips. but i'm okay with a little contrition and change going forward.

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The only difference between a tip jar and tips filled out on the bill is what gets taxed.  Legally, that SHOULDN'T be a difference, but we all know it is.  My kids have worked a bunch of local joints, some with tip jars (Thundercloud), some mostly electronic (Chipotle, Kerbey Lane) and they get fucked out of their full share routinely, regardless of the mechanism.  It's very common and apparently hard to enforce/prosecute.

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18 minutes ago, jimmyjazz said:

The only difference between a tip jar and tips filled out on the bill is what gets taxed.  Legally, that SHOULDN'T be a difference, but we all know it is.  My kids have worked a bunch of local joints, some with tip jars (Thundercloud), some mostly electronic (Chipotle, Kerbey Lane) and they get fucked out of their full share routinely, regardless of the mechanism.  It's very common and apparently hard to enforce/prosecute.

Who is the arbiter of that? Say one employee walks in the door at 5pm to replace another employee who was on since 11am. There is $50 in the tip jar. The first employee is leaving, so the tips are pulled out. Does the 2nd employee deserve 1/2 of that tip share? 1/4? Zero? Should you let a couple of stupid 17 year olds fight over it? Or as the owner, you make that decision?

It's "hard to enforce/prosecute" because AFAIK, there is no law against the owner doling out cash from the tip jar as they see fit.

 

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1 hour ago, rage-a-holic said:

Who is the arbiter of that? Say one employee walks in the door at 5pm to replace another employee who was on since 11am. There is $50 in the tip jar. The first employee is leaving, so the tips are pulled out. Does the 2nd employee deserve 1/2 of that tip share? 1/4? Zero? Should you let a couple of stupid 17 year olds fight over it? Or as the owner, you make that decision?

It's "hard to enforce/prosecute" because AFAIK, there is no law against the owner doling out cash from the tip jar as they see fit.

 

Mostly the owner doesn't need to be skimming off the top, nor the salaried managers.  Guess what happens.

I don't know whether there is a legally specified split between servers, front of house, cooks, etc.  What I do know is that the math often seems to never add up when it's a cash jar, and even in electronic transactions.

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