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Workplace rules changed, restaurant going topless (?)?

Workplace rules changed, restaurant going topless (?)? Topic: Cotton on jobs application
July 16, 2019 / By Damia
Question: I've worked at this good restaurant for about a year. To make it brief, it is converting to topless. I'm invited to stay. It will take time to find another job as things are now. I asked if I could just stay on till I have one. They said yes but since my application says I agree to wear whatever the uniform is which in a couple weeks is a cotton wraparound skirt and nothing at all above the waist. I don't know if I can see myself performing all my regular waitressing tasks topless, even if it's only a for a few weeks or days before I get another job. Is there any other way of working this out? I didn't anticipate this.
Best Answer

Best Answers: Workplace rules changed, restaurant going topless (?)?

Bluebell Bluebell | 8 days ago
I would ask your employers if there's any other position available that doesn't include taking your top off. Even if it's being a cook or something. Explain to them that you want to be able to work this out in a way that works for both of you. See what they say and go from there.
👍 164 | 👎 8
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We found more questions related to the topic: Cotton on jobs application


Bluebell Originally Answered: Can a workplace/ job / restaurant control what I get from my tips?
It depends where you are in the country, but in many states, management is within their rights to mandate involuntary tip pooling. If they do this, you will not get your own tips back, but each member of staff will usually get an equal share of all of the tips. However, this is not the case across the country. Some states do not allow involuntary tip pooling. Waiters are welcome to pool their tips, but cannot be forced to do so, as the tips belong to the employees, not the employer If you are required to pool tips, you should check your state laws and ensure that they are complying with the requirements, and if not, you will not be participating so any more. If it is legal to pool tips, you must ensure that the tip pooling agreement is in writing, was agreed upon before you started work and only includes the appropriate employees. If the tip pool is not valid for any reason, inform your managers of this, and set up a new valid tip pool. If you are you should ask for a detailed breakdown of tips to be provided each week, and their distribution. Managers, owners or supervisors, even if these people provide direct table service are not allowed to receive any payment from tip pools. If you see any tips going to them, then this is illegal, and you must insist that it stops immediately. According to California Labor Code Section 351 "the tips are to be distributed among the employees who provide "direct table service." Such employees could conceivably include waiters and waitresses, busboys, bartenders, host/hostesses and maitre d’s. Employees who do not provide direct table service and who do not share in the tip pool include dishwashers, cooks, and chefs, except in restaurants where the chefs prepare the food at the patron’s table, in which case the chef may participate in the tip pool. Additionally, tip pooling cannot be used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron." Managers cannot withhold any money from tips for "payment processing fees" where paid by card, and cannot use tips in calculating your hourly pay or overtime. In some states they cannot deduct tips from your regular pay in the form of tip credits or use them to cover any other payment they owe you. Furthermore, they cannot discriminate against you because you do not agree with this. It is possible that tip pooling is built into your contract. Most states allow this, where the tip pooling arrangement is valid and only includes service employees who regularly and customarily receive tips as part of their job. Employees who do not customarily receive, on average, at least $30 per month in tips may not be part of a tip pool. Managers, owners or supervisors are also forbidden from taking part in tip pools, even if they regularly receive more than $30 per month in tips themselves. However, if your contract states that the restaurant has a tip pool, and the tip pool is legal and valid, and laid out properly in advance of your starting, and you agree to this as part of your contract, then the tip pool is valid. However, if the managers are not abiding by the terms of the tip pool to which you agreed, then this too is illegal The only other exception is service charges reflected on the bill. These are NOT tips, and can legitimately be kept by the management. An example of this would be, for example, a 10% service charge for bookings of over 15 people, or a 15% service charge on banquets. Your employer can—and usually will—choose to share this with you, but that is at their sole discretion. If you are being forced to share tips this may be illegal, and you should check your local labour laws insist that it stops. In states where this is allowed, in various forms, you should ensure that managers and others who are not entitled to it are receiving any part of it, and it is being fairly and evenly divided up amongst those who have earned it.

Aislinn Aislinn
I think they need to lay you off, so that you can get unemployment benefits. If you are a good waitress perhaps they can assist you with a recommendation to get a job someplace else. don't cave in and do something that you are uncomfortable with. Legal questions you can ask your labor board.
👍 60 | 👎 -1

Traherne Traherne
Oh geez I would really lose my appetite. Mind me asking which restaurant this is? I really think you shouldnt if you do not want to, just go with your principles, not the flow. Good luck hun. Oh yea I still wanna know which restaurant! lol
👍 53 | 👎 -10

Redmund Redmund
Normally, you aren't eligible for unemployment if you quit but I think this would be a valid exception, in spite of your contract's wording. Then you should get unemployment benefits as long as you look for work.
👍 46 | 👎 -19

Maurice Maurice
just quit and get a different job and save your dignity what kind of is that to be exact, a strippers club or something
👍 39 | 👎 -28

Jocelyn Jocelyn
Hopefully, they won't ask you to also play the accordion -- OUCH! And, whatever you do, don't volunteer to cook bacon!
👍 32 | 👎 -37

Gregg Gregg
where is this thats illegal indecent exposure laws start looking and refuse to go topless and go to your local unemployment office and report them thats not legal
👍 25 | 👎 -46

Gregg Originally Answered: School rules that should be changed and why?
well one rule should be no calculators in math class. all you are doing is pushing buttons...i can teach my lizard to do that. you don't learn anything by pushing buttons. and they should also require all students to know the english language. all this stupid abbreviating and not writing/speaking properly (there is no such word as "cuz", for example), people should automatically be expelled from school for that. and when people "graduate" they should immediately be given an iq test. if they fail, which 99% of them will, then back to school you go for another 12 years.

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