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(Eater)   The contract for employees working at Crazy Amy's Baking Company is as farked up as you would imagine   (eater.com) divider line 237
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20060 clicks; posted to Main » on 30 Jun 2013 at 10:42 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-06-30 03:33:20 AM  
13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.


Pretty sure that and keeping an employee's tips are illegal, even if the employee signs a contract. Hopefully the state labor board will investigate.
 
2013-06-30 03:33:23 AM  
It looks like at least half of those clauses are a direct violation of the labor code.
 
2013-06-30 03:48:21 AM  

Bathia_Mapes: 13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.


Pretty sure that and keeping an employee's tips are illegal, even if the employee signs a contract. Hopefully the state labor board will investigate.


I'm pretty sure that Crazy Amy lumps the state labor board in with all the other "haters".
 
2013-06-30 03:59:53 AM  
Is this really still a thing? I guess I should go play ketchup if this food maker person has this much internet longevity.
 
2013-06-30 06:49:46 AM  
And the crazy plastic biatch is still in business why?
 
2013-06-30 06:55:00 AM  
I thought they would have packed up and moved by now. Samy must have really deep pockets
 
2013-06-30 07:17:35 AM  
And the crazy train keeps on rolling. That so called contract is a legal nightmare.

By signing this contract, you agree that you willingly accept a payment of $8.00 to $12.00 per hour

Those are the good wages they were talking about?
 
2013-06-30 08:01:50 AM  
If this contract is real, it's not much different than than what many restaurant employees endure even without signing something. The tips thing is over the top, but the language in this contract isn't far different from what you'll actually hear on the floor of a turn-burn establishment.

If you want to make money in the hospitality business, either tend bar at a trendy spot (difficult gigs to get) or wait tables where dinner and wine for 2 is $175, and you have a 4 table section that rotates in reasonable time.

Whatever you do, turn down offers for management. Christ, that was the worst job I ever had. All the headaches (all of them) and you were making more as a bartender a few months ago.
 
2013-06-30 08:42:24 AM  

Bathia_Mapes: 13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.


Pretty sure that and keeping an employee's tips are illegal, even if the employee signs a contract. Hopefully the state labor board will investigate.


Unfortunately, they can deduct from your pay to cover losses incurred by you.  The only protection you have there is a court decision in Florida that ruled such deductions cannot take your pay below minimum wage.  So, if they are paying $8/hr they can deduct an equivalent of $0.45/hr.
 
2013-06-30 08:49:37 AM  

dickfreckle: If this contract is real, it's not much different than than what many restaurant employees endure even without signing something. The tips thing is over the top, but the language in this contract isn't far different from what you'll actually hear on the floor of a turn-burn establishment.

If you want to make money in the hospitality business, either tend bar at a trendy spot (difficult gigs to get) or wait tables where dinner and wine for 2 is $175, and you have a 4 table section that rotates in reasonable time.

Whatever you do, turn down offers for management. Christ, that was the worst job I ever had. All the headaches (all of them) and you were making more as a bartender a few months ago.


Yup, bartender at my local I reckon is making almost 80k/year on 4 shifts/week, no weekends. It's all regulars and we're all older and tip outrageously well (2 bucks per pint).
 
ZAZ [TotalFark]
2013-06-30 09:24:27 AM  
unamused

I have a vague recollection that some states are strict with pay deductions but let employers sue employees for damage that can't be deducted. Most companies won't sue over $200 worth of broken stuff. Not worth the time to go to small claims court for a 50-50 chance that the magistrate sides with the defendant.
 
2013-06-30 09:51:18 AM  
A lot of employers just started firing the employees.  The employees would have much preferred paying the register shortage of $20 to losing their jobs.
 
2013-06-30 09:56:34 AM  
Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.

Telling people up front to expect to work weekends and holidays is fine too.  When we hire people where I work we tell people up front that they are not guaranteed any specific shift or any specific days.  They are expected to be able to work whatever we put them on the schedule.  Employees will agree that yes, they can work any time.  Until they get the job and the first schedule comes out, then it's I can't work that day because I have church, I can't work that day because I don't have daycare for my child.....
 
2013-06-30 10:04:33 AM  
Place is still open because Sami is laundering money through it.
 
2013-06-30 10:11:11 AM  

BizarreMan: Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.


It's not that the demands are so bad, it's more that I would never, ever expect Amy to be a fair arbiter of whether I had broken any of those rules.  Especially the one about "attitude."
 
2013-06-30 10:26:17 AM  

OgreMagi: It looks like at least half of those clauses are a direct violation of the labor code.


That "mutual agreement" would cause me to point and laugh, and then laugh some more, and then walk out the door, chortling a bit. If only because I've worked in heavy duty corporate kitchens, and even Aramark treats its employees better*. Heck FuNyGyz from Denver treats its employees better. That "agreement" is a raft of lawsuits waiting to happen, but it IS the sort of crazy that metro Arizona attracts. It doesn't surprise me...


*In fairness, Aramark, at least with the Sports/Entertainment division, treats the employees really well, with a raft of benefits, and HR that actually listens and is active in helping employees find promotions, career advancement, certifications, and will even reimburse you for education. As soulless corporate masters, they are really supportive.
 
2013-06-30 10:33:23 AM  

Saborlas: Place is still open because Sami is laundering money through it.


If that's the case, then getting any sort of attention to the place, and getting it under this kind of scrutiny is a really bad move. You launder money through places that are moderately to fairly successful, and then use that to boost your "sales" to then plow into entirely traceable paper trails that give the money some legitimacy. Scrutiny and attention are anathema to the practice. You get a nice write up in the paper, you maybe get featured on local TV, but you keep the Hells out of the spotlight.

Then again, these people are rucking fetarded crazy, so maybe they missed this crucial bit of tradecraft...
 
2013-06-30 10:42:08 AM  
Most of the contract is not over the top, but the over the top ones are OVER THE FARKING TOP.

A 50 mile, 1 year non-compete to not work in another restaurant?  GTFO of here.  No way that would stand up in court

Breakage and overcooking/burning of food happens.  Short of throwing a plate against the wall, it is hard to determine what in their mind constitutes "direct negligence."  I mean, on the Kitchen Nightmares show, Amy herself purposlly made a pizza extra spicy and hoped that it would hurt the customer...Great farking example of leadership there!!

IANAL, and AFAIK, employers generally cannot hold their employees responsible for theft, breakage, or improperly prepared product.  Firing, or writing them up them is the only real action you've got.  A restaurant I worked for as a waiter would keep tabs on their employees throughout a shift on what they misordered or broke.  If it was significant - over $100 of loss to the restaurant, you were presented with 2 options - 1. lose your job...sorry your lack of attention to detail is costing us money.  Or 2. Trash audit - They gave you a dishwasher's rubber apron and rubber gloves and you had to sort through 2 bags of fresh trash from the dish pit to see if any silverware or dishes made it in the trash.  You learned your lesson to be more careful.

Not showing up to work and charging me $250?  Oh I am a slave to ABC now?  Good luck with enforcing that one!!!

Finally the tips thing may be the nail in the coffin for them so to speak.  I do not know what Arizona labor law says about it, but I know that here in Virginia, the taking of tips from employees is VERY illegal.

Hopefully the general public curiosity of the insanity that is ABC will die off soon and they will simply go away.
 
2013-06-30 10:46:53 AM  
It's almost as if they know that by paying $8 an hour they are going to get terrible staff that needs to be clamped down on.
 
2013-06-30 10:47:32 AM  
Can't tell if this is a followup or repeat of all the other Crazy Amy links from the prior months
 
2013-06-30 10:51:45 AM  

BizarreMan: Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.

Telling people up front to expect to work weekends and holidays is fine too.  When we hire people where I work we tell people up front that they are not guaranteed any specific shift or any specific days.  They are expected to be able to work whatever we put them on the schedule.  Employees will agree that yes, they can work any time.  Until they get the job and the first schedule comes out, then it's I can't work that day because I have church, I can't work that day because I don't have daycare for my child.....


I once took a tech job with the stipulation that I would be flexible with my schedule.  To me that meant I'd work any shift - day, swings, graveyard, whatever.  So my shift ended up being this weird mix where I'd work 8a-5p on a Friday and have to be back at work for another full shift starting at 1a Saturday...so eight hours between workdays. When I couldn't take it anymore and gave notice the boss said I was being unreasonable because I had said I'd be flexible.
 
2013-06-30 10:52:20 AM  
not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation.

2 things:

Termination is spelled wrong

Arizona is a right to work state so non-compete clauses are worthless.
 
2013-06-30 10:52:47 AM  
Um...careful with that link.  When I went to it my Norton blocked a Fake AV download.
 
2013-06-30 10:53:51 AM  

Endive Wombat: Finally the tips thing may be the nail in the coffin for them so to speak. I do not know what Arizona labor law says about it, but I know that here in Virginia, the taking of tips from employees is VERY illegal.


The federal Fair Labor Standards Act (new window, pdf) makes it illegal. It very clearly states that tips are property of the employee. It also prohibits any arrangement whereby any part of the tip becomes property of the employer (which makes that clause in their "contract" null and void).

"Retention of Tips: A tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. "

It would be awesome for an attorney to tear ABC a new one and looks like they could do so easily as they have in writing and on video that ABC is taking employee's tips.

/not an attorney
 
2013-06-30 10:53:53 AM  

BizarreMan: Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.

Telling people up front to expect to work weekends and holidays is fine too.  When we hire people where I work we tell people up front that they are not guaranteed any specific shift or any specific days.  They are expected to be able to work whatever we put them on the schedule.  Employees will agree that yes, they can work any time.  Until they get the job and the first schedule comes out, then it's I can't work that day because I have church, I can't work that day because I don't have daycare for my child.....


Look at her staff, it is primarily teenage girls.  Teens that probably have no control over a portion of their schedule (sports, choir, other extracurricular, school related activities, mommy and daddy scheduling things, etc.).  Yes, personal responsibly comes into play here, but you cannot charge someone for not coming into work.  When I was younger, I "quit" simply by not showing up.  Not saying it is right, but as the employer, you've got to expect it from time to time.  Not only is it a dickish thing to do...it...look...your employees are not your personal slaves.  Just because you give them money to perform a set of tasks, does not mean you get to reign over their life.
 
2013-06-30 10:54:25 AM  
5). Any type of attitude will result in immediate termination.

This applies to Amy herself? Yes? No?

14). Respect and distance must be given to all fellow employees. No harassment or bulling of any type will be tolerated and will be cause for immediate termination.

Yeah. I'm with them on this: no bulling in the store. Feel free to bull yourself silly on your on own time.
 
2013-06-30 10:55:08 AM  

BizarreMan: Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.

Telling people up front to expect to work weekends and holidays is fine too.  When we hire people where I work we tell people up front that they are not guaranteed any specific shift or any specific days.  They are expected to be able to work whatever we put them on the schedule.  Employees will agree that yes, they can work any time.  Until they get the job and the first schedule comes out, then it's I can't work that day because I have church, I can't work that day because I don't have daycare for my child.....


So I won't be a work slave for your company.
 
2013-06-30 10:55:40 AM  

Endive Wombat: Most of the contract is not over the top, but the over the top ones are OVER THE FARKING TOP.

A 50 mile, 1 year non-compete to not work in another restaurant?  GTFO of here.  No way that would stand up in court

Breakage and overcooking/burning of food happens.  Short of throwing a plate against the wall, it is hard to determine what in their mind constitutes "direct negligence."  I mean, on the Kitchen Nightmares show, Amy herself purposlly made a pizza extra spicy and hoped that it would hurt the customer...Great farking example of leadership there!!

IANAL, and AFAIK, employers generally cannot hold their employees responsible for theft, breakage, or improperly prepared product.  Firing, or writing them up them is the only real action you've got.  A restaurant I worked for as a waiter would keep tabs on their employees throughout a shift on what they misordered or broke.  If it was significant - over $100 of loss to the restaurant, you were presented with 2 options - 1. lose your job...sorry your lack of attention to detail is costing us money.  Or 2. Trash audit - They gave you a dishwasher's rubber apron and rubber gloves and you had to sort through 2 bags of fresh trash from the dish pit to see if any silverware or dishes made it in the trash.  You learned your lesson to be more careful.

Not showing up to work and charging me $250?  Oh I am a slave to ABC now?  Good luck with enforcing that one!!!

Finally the tips thing may be the nail in the coffin for them so to speak.  I do not know what Arizona labor law says about it, but I know that here in Virginia, the taking of tips from employees is VERY illegal.

Hopefully the general public curiosity of the insanity that is ABC will die off soon and they will simply go away.


It's also federal labor law.  There's no exception if the employer declines to take the "tip credit" out of the employee's pay (which is how waitstaff can legally be paid below minimum wage), or even if the employer pays above minimum wage.

The law allows for "tip pooling," but management is forbidden from being part of the tip pool.

http://www.dol.gov/whd/regs/compliance/whdfs15.htm
 
2013-06-30 10:55:55 AM  
I wonder (on avg) how often their bathrooms get trashed.
 
2013-06-30 10:56:25 AM  

dustman81: Endive Wombat: Finally the tips thing may be the nail in the coffin for them so to speak. I do not know what Arizona labor law says about it, but I know that here in Virginia, the taking of tips from employees is VERY illegal.

The federal Fair Labor Standards Act (new window, pdf) makes it illegal. It very clearly states that tips are property of the employee. It also prohibits any arrangement whereby any part of the tip becomes property of the employer (which makes that clause in their "contract" null and void).

"Retention of Tips: A tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. "

It would be awesome for an attorney to tear ABC a new one and looks like they could do so easily as they have in writing and on video that ABC is taking employee's tips.

/not an attorney


The link does not provide us the ENTIRE contract.  Perhaps the contract states that they are expressly NOT tipped employees, rather they are hourly employes and that is it???

Either way, I seriously doubt that something like this would hold up in court.
 
2013-06-30 10:58:39 AM  

LeroyBourne: I wonder (on avg) how often their bathrooms get trashed.


Well, you certainly know that ownership is not cleaning it up...
 
2013-06-30 10:59:35 AM  

Endive Wombat: dustman81: Endive Wombat: Finally the tips thing may be the nail in the coffin for them so to speak. I do not know what Arizona labor law says about it, but I know that here in Virginia, the taking of tips from employees is VERY illegal.

The federal Fair Labor Standards Act (new window, pdf) makes it illegal. It very clearly states that tips are property of the employee. It also prohibits any arrangement whereby any part of the tip becomes property of the employer (which makes that clause in their "contract" null and void).

"Retention of Tips: A tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. "

It would be awesome for an attorney to tear ABC a new one and looks like they could do so easily as they have in writing and on video that ABC is taking employee's tips.

/not an attorney

The link does not provide us the ENTIRE contract.  Perhaps the contract states that they are expressly NOT tipped employees, rather they are hourly employes and that is it???

Either way, I seriously doubt that something like this would hold up in court.


The FLSA also defines a "tipped employee" as someone who "customarily and regularly receives more than $30 a month in tips", which isn't a problem for most wait staff as they can make that much in a day.
 
2013-06-30 10:59:38 AM  
So wait. Not only do servers get paid the dirt cheap "fark you your a server you get tips" wage, they also take the tips. Who in their right mind would agree to that bullshiat?
 
2013-06-30 11:01:42 AM  
5) Any type of attitude will result in immediate termination.

So my good attitude will be cause for termination. Check.
 
2013-06-30 11:02:34 AM  

HypnozombieX: So wait. Not only do servers get paid the dirt cheap "fark you your a server you get tips" wage, they also take the tips. Who in their right mind would agree to that bullshiat?


At this point?  Perhaps the novelty of the chance to say that you worked there?  Beyond that?  A sadist?
 
2013-06-30 11:02:51 AM  
Any guesses on Amy's political leanings?
 
2013-06-30 11:03:19 AM  
FTFC: 5). Any type of attitude will result in immediate termination.

assets.amuniversal.com
 
2013-06-30 11:03:28 AM  

Saborlas: Place is still open because Sami is laundering money through it.


Are you kidding?  They move like 100 cakes a day at $50 a piece.  Pay no mind to the ones on the shelf that have been there since February.
 
2013-06-30 11:03:53 AM  
This is an Onion article. I can tell by the pixels.
 
2013-06-30 11:04:36 AM  

hubiestubert: Saborlas: Place is still open because Sami is laundering money through it.

If that's the case, then getting any sort of attention to the place, and getting it under this kind of scrutiny is a really bad move. You launder money through places that are moderately to fairly successful, and then use that to boost your "sales" to then plow into entirely traceable paper trails that give the money some legitimacy. Scrutiny and attention are anathema to the practice. You get a nice write up in the paper, you maybe get featured on local TV, but you keep the Hells out of the spotlight.

Then again, these people are rucking fetarded crazy, so maybe they missed this crucial bit of tradecraft...





Will be using that!
 
2013-06-30 11:06:01 AM  
I would love to visit this restaurant.
 
2013-06-30 11:08:02 AM  
www.addictinginfo.org

174.132.188.98
cdn1.iofferphoto.com
image.lahona.com
 
2013-06-30 11:08:17 AM  

Endive Wombat: LeroyBourne: I wonder (on avg) how often their bathrooms get trashed.

Well, you certainly know that ownership is not cleaning it up...


You know, it's funny that that's missing from the contract.  Upon hiring you will never use the restroom here, it takes up labor cost at abc, if you do 'have' to use the restroom it will be deducted from your pay.
/maybe it is there, i stopped at #12 or so.
 
2013-06-30 11:08:25 AM  
How would you enforce a clause that someone can't open up their own place down the street? That's insane.
 
2013-06-30 11:10:36 AM  

ginandbacon: How would you enforce a clause that someone can't open up their own place down the street? That's insane.


You try to make sure that whomever signs the contract is unsophisticated enough to believe it can be enforced. That and you threaten to have Samy come visit.
 
2013-06-30 11:12:31 AM  

Barfmaker: Yup, bartender at my local I reckon is making almost 80k/year on 4 shifts/week, no weekends. It's all regulars and we're all older and tip outrageously well (2 bucks per pint).


HAHAHAHAHA *BREATH* HAHAHA...OK BACK TO REALITY
 
2013-06-30 11:12:42 AM  

BizarreMan: Not to white knight Crazy Amy but, many of those don't seem too outrageous.

Expecting people to be on time and ready to start working when their shift is scheduled to begin isn't unreasonable.

Telling people up front to expect to work weekends and holidays is fine too.  When we hire people where I work we tell people up front that they are not guaranteed any specific shift or any specific days.  They are expected to be able to work whatever we put them on the schedule.  Employees will agree that yes, they can work any time.  Until they get the job and the first schedule comes out, then it's I can't work that day because I have church, I can't work that day because I don't have daycare for my child.....


What the crap kind of place schedules like that?
 
2013-06-30 11:12:47 AM  
Where do we sign up?

wp.patheos.com.s3.amazonaws.com
 
2013-06-30 11:13:16 AM  

markfara: Any guesses on Amy's political leanings?


I did some research a while back and posted my findings on a thread here on Fark. They are WAY the fark out there.

Remember the original charity they were going to donate to?  Yeah, it's website is registered through Truth Frequency Radio

I will let you decide what their political leanings are...
 
2013-06-30 11:14:30 AM  

ginandbacon: How would you enforce a clause that someone can't open up their own place down the street? That's insane.


Again, look at their staff.  Ignorant teenage girls.
 
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