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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
    More: Obvious, Ramsay's Kitchen Nightmares, Gordon Ramsay  
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20053 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.
 
2013-06-30 11:14:48 AM
Sounds like the place to go if you don't like to tip.
 
2013-06-30 11:20:27 AM
I like the "no food in the kitchen" rule. Tough but fair!
 
2013-06-30 11:21:44 AM

Dear Jerk: Sounds like the place to go if you don't like to tip.





i478.photobucket.com

Agrees
 
2013-06-30 11:22:01 AM
I don't care who's doing what to who here, these workers' tears are delicious.
www.swansonvitamins.com
 
2013-06-30 11:22:11 AM

markfara: Any guesses on Amy's political leanings?


you don't need to guess. there's all sorts of donation records out there of her giving to a bunch of republican candidates.
 
2013-06-30 11:22:53 AM

Maus III: 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.



bull/bool/

Noun
An uncastrated male bovine animal.A papal edict.Stupid or untrue talk or writing; nonsense.

Adjective
(of a part of the body, esp. the neck) Resembling the corresponding part of a male bovine animal in build and strength.

Verb
Push or drive powerfully or violently: "he bulled the motorcycle clear of the tunnel"
.

Synonyms
ox


So no powerful or violent pushing or driving of other staff. Got it.
 
2013-06-30 11:24:01 AM
"This is a legal binding contract that both parties are fully aware of and in mutual agreement with the following....[buncha vague, unenforceable, illegal stuff and non sequiturs]..."

LEGAL DOCUMENTS DO NOT WORK THAT WAY!!!!!
 
2013-06-30 11:25:48 AM
And no food allowed in the kitchen? Makes it kind of hard to do any cooking, eh wot?
 
2013-06-30 11:29:06 AM
I love how they honestly think they can enforce a non-compete clause for A farkING YEAR after the employee stops working there! I can understand them not wanting employees to work for a competitor while they are still ABC employees (even though it may not be legal to enforce even that), but to think they can bar them from working in any other restaurant within 50 miles for a year is a complete joke.

I hope nobody signs their stupid contract and they go out of business. They are suffering from some pretty major delusions (well, we know that already) if they honestly believe anyone would put up with that myriad of bullshiat for $8 an hour. Even if the pay were 4 or 5 times that I would laugh in their faces if they expected me to agree to their crazy terms.

They'll probably get a few desperate/attention whoring people to sign, but I can't imagine anyone continuing to work there after the first day they miss where they're expected to fork over $250.

Would love to see a lawyer go over this contract and point out in detail just how illegal and unenforceable the majority of this stuff is.

I hope they crash and burn publicly and epically (hopefully involving an arrest for money laundering). I don't think I've ever seen a pair of people that I want to fail harder than these two assclowns.
 
2013-06-30 11:30:54 AM
I bet gordon ramsay has sent these two insane people the biggest fruit basket or bouquet of flowers available for all the great publicity months after that kitchen nightmares aired
 
2013-06-30 11:31:06 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).


$80,000 per annum at 4 shifts per week, 52 weeks per year is $384 per shift, so at $2 per pint that's 192 pints per shift. How long is a shift?
 
2013-06-30 11:31:18 AM

jehovahs witness protection: And the crazy plastic biatch is still in business why?


1. Rich

2. Republican
 
2013-06-30 11:32:33 AM
I hope nobody is stupid enough to work for them or buy anything from them.

I'd be happy to hear that both of them got life sentences in FPMITA prison.
 
2013-06-30 11:36:22 AM

Brittabot: I hope they crash and burn publicly and epically (hopefully involving an arrest for money laundering). I don't think I've ever seen a pair of people that I want to fail harder than these two assclowns.


It wouldn't be the first time either have them have been behind bars. Amy is a convicted felon (bank fraud) and Samy is banned from entering France or Germany. ICE is looking into deporting him as he didn't tell them when he applied to come to the US.
 
2013-06-30 11:36:33 AM

Brittabot: Would love to see a lawyer go over this contract and point out in detail just how illegal and unenforceable the majority of this stuff is.


But then he would be called a "hater!!!"
 
2013-06-30 11:36:52 AM
cR-AZy Amy strikes again. Non competition clauses don't work in right to work states. Nothing supersedes labour law in the US and in Canada. Same with stealing tips.

/class action lawsuit brewing.
 
2013-06-30 11:38:15 AM

Endive Wombat: Brittabot: Would love to see a lawyer go over this contract and point out in detail just how illegal and unenforceable the majority of this stuff is.

But then he would be called a "hater!!!"


I believe the correct spelling is "h8er".

You're welcome.
 
2013-06-30 11:38:23 AM
17) The recipes and techniques that have been developed by Amy at ABC are exclusive and shall remain confidential. Any removal of recipes will be considered theft.

So, if we open a can of Chef Boyardee Ravioli like she does in the back, we're in violation?
 
2013-06-30 11:38:27 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.....


You and your company is what's wrong with American employers.
 
2013-06-30 11:39:36 AM

TV's Vinnie: 17) The recipes and techniques that have been developed by Amy at ABC are exclusive and shall remain confidential. Any removal of recipes will be considered theft.

So, if we open a can of Chef Boyardee Ravioli like she does in the back, we're in violation?


Yes. Also, you are prohibited from ordering cakes and pastries from professional bakeries.
 
2013-06-30 11:41:34 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 kind of shiatty company do you work for?
 
2013-06-30 11:41:38 AM

eiger: 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.....


You and your company is what's wrong with American employers.

wwwdelivery.superstock.com

THIS!
 
2013-06-30 11:42:49 AM

eiger: 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.....

You and your company is are what's wrong with American employers.


FTFM
 
2013-06-30 11:43:55 AM

Brittabot: I love how they honestly think they can enforce a non-compete clause for A farkING YEAR after the employee stops working there! I can understand them not wanting employees to work for a competitor while they are still ABC employees (even though it may not be legal to enforce even that), but to think they can bar them from working in any other restaurant within 50 miles for a year is a complete joke.

I hope nobody signs their stupid contract and they go out of business. They are suffering from some pretty major delusions (well, we know that already) if they honestly believe anyone would put up with that myriad of bullshiat for $8 an hour. Even if the pay were 4 or 5 times that I would laugh in their faces if they expected me to agree to their crazy terms.

They'll probably get a few desperate/attention whoring people to sign, but I can't imagine anyone continuing to work there after the first day they miss where they're expected to fork over $250.

Would love to see a lawyer go over this contract and point out in detail just how illegal and unenforceable the majority of this stuff is.

I hope they crash and burn publicly and epically (hopefully involving an arrest for money laundering). I don't think I've ever seen a pair of people that I want to fail harder than these two assclowns.


I'm not sure they can enforce the non complete cause even if the waitress is still working there. most places have it for management staff but usually not for the hourly associate.

i will admit I wish I was in AZ just to go eat there once.
 
2013-06-30 11:46:24 AM

eiger: eiger: 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.....

You and your company is are what's wrong with American employers.

FTFM


Ah, a job tyrant AND a spelling Kommandant, eh?

Noted
 
2013-06-30 11:48:07 AM

Waldo Pepper: i will admit I wish I was in AZ just to go eat there once.


Got a thing for dead bugs in your cocktail, huh?

ts1.mm.bing.net
 
2013-06-30 11:49:29 AM

TV's Vinnie: eiger: 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.....

You and your company is what's wrong with American employers.

[wwwdelivery.superstock.com image 350x300]

THIS!


^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.
 
2013-06-30 11:50:07 AM

TV's Vinnie: Waldo Pepper: i will admit I wish I was in AZ just to go eat there once.

Got a thing for dead bugs in your cocktail, huh?

[ts1.mm.bing.net image 224x300]


i'd only order from the bakery side lol
 
2013-06-30 11:50:23 AM

TV's Vinnie: eiger: 

You and your company is what's wrong with American employers.


THIS!

Plug and play labor.  It's why your boss can sneer at you from his BMW as you board the bus.  See servitude.
 
2013-06-30 11:55:00 AM
IIRC, restaurant owners can keep the tips only if they pay above the minimum wage AND post very clearly to all customers something to the effect that "Our servers do not accept tips". Owners can keep anything left anyway. ABC forgets the second half of that.
 
2013-06-30 11:55:50 AM

bunner: TV's Vinnie: eiger:

You and your company is what's wrong with American employers.

THIS!

Plug and play labor.  It's why your boss can sneer at you from his BMW as you board the bus.  See servitude.


There's a cure for that.

affordablehousinginstitute.org
 
2013-06-30 11:57:59 AM

Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.


A lot of stores are ALREADY short-handed because of cheapskate management. Gotta keep those CEO bonuses high every year NO! MATTER! WHAT!
 
2013-06-30 11:59:40 AM

Waldo Pepper: TV's Vinnie: Waldo Pepper: i will admit I wish I was in AZ just to go eat there once.

Got a thing for dead bugs in your cocktail, huh?

[ts1.mm.bing.net image 224x300]

i'd only order from the bakery side lol


One can only wonder what's been crawling around inside of those outsourced things as well as they sit for days/weeks in that case.
 
2013-06-30 12:02:56 PM

TV's Vinnie: There's a cure for that.


*flips through a book on 15th through 19th c. history.

*taps watch*

"Yeeepp, yep, yep,  yep"

*sigh*
 
2013-06-30 12:11:23 PM
I guess I just don't understand - but most of those are pretty darn reasonable.  Also, aren't waitstaff constantly complaining about how tipping needs to be done because the law allows businesses to pay them $2-3 per hour?  Their tip policy seems great, employees know what wage they are getting.

The only issue I have are requiring people to be ready 'five minutes before'; IE - they are expecting five minutes of work for free.  The rest?  Meh - it's whatever you agree to.

I've had jobs that didn't allow visitors and jobs that restricted heavily what types of devices I could carry with me.  I've also had contracts that gave my employer ownership of *anything* I produced, even if it's on a weekend.  My current job requires me to notify someone/request permission 30 days in advance, before I'm permitted to buy or sell any sort of financial instrument.  Oh, and they can deny my request too.
 
2013-06-30 12:11:49 PM

Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.


I worked at a very fine dining restaurant that did to go, fully prepared turkey dinners for Thanksgiving.  All the customer had to do was warm it back up, and it was delish!!!  We were closed for Thanksgiving, but open from like 7am to about 1pm.  The chef made breakfast and lunch for the staff, we were paid like $10 per hour (which really just went to our taxes)...and got to drink all the wine and beer we wanted all day long.  They only needed like 10 staff members to work this, and the 25 or so of us on staff had to fight it out so to speak on who got to work it.

So much fun!
 
2013-06-30 12:12:32 PM

Endive Wombat: Brittabot: Would love to see a lawyer go over this contract and point out in detail just how illegal and unenforceable the majority of this stuff is.


It all depends on how enforceable the arbitration clause is.  Either I missed the ending of the arbitration exception or all of fark seemed to miss its tyranny, so I will assume it is dead (it was how hooters managed to stay in business).  Basically how it worked was that you "contract" included the waiver of all ability to sue and instead use arbitration at the company's choice of arbitrator.  Basically, you argue that you were held to an illegal contract and Amy's brother in law comes back with a legally-binding answer of "did not.  And you get to pay my legal fees.  And you pay a penalty clause.  Have a nice day".  I don't want to think how long this was legal in the US (and really suspect it still is).

[Still Endive Wombat]: 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!!

Amazingly enough, that's said to be the source of Dave's Insanity Sauce (useful for adding to tabassco sauce to make it hot, the bottle suggest cleaning oil spills on driveways as well).  The inventor used this at Burrito Madness (ancient terp farkers may remember this on the route) to handle the more annoying drunks (it was right between the major bars between campus and frat row of the University of Maryland).
 
2013-06-30 12:16:00 PM

Fark_Guy_Rob: I guess I just don't understand - but most of those are pretty darn reasonable.  Also, aren't waitstaff constantly complaining about how tipping needs to be done because the law allows businesses to pay them $2-3 per hour?  Their tip policy seems great, employees know what wage they are getting.

The only issue I have are requiring people to be ready 'five minutes before'; IE - they are expecting five minutes of work for free.  The rest?  Meh - it's whatever you agree to.

I've had jobs that didn't allow visitors and jobs that restricted heavily what types of devices I could carry with me.  I've also had contracts that gave my employer ownership of *anything* I produced, even if it's on a weekend.  My current job requires me to notify someone/request permission 30 days in advance, before I'm permitted to buy or sell any sort of financial instrument.  Oh, and they can deny my request too.


I see where your head is at, but...

As a waiter, you need to be at the restaurant at least 15-30 min before your shift starts.  Sudden rushes happen, and grabbing an extra table or two before you are scheduled adds quite a bit to your take home pay over time.  Working in a restaurant is very dynamic.  Really, being 5 min early to your shift in my mind = 10+ min late.

All that being said, you see nothing wrong with a 50 mile, 1 year non-compete or charging their employees money for breakage or no shows?  What kind of world do you live in where that is alight?
 
2013-06-30 12:20:13 PM

bunner: TV's Vinnie: eiger: 

You and your company is what's wrong with American employers.

THIS!

Plug and play labor.  It's why your boss can sneer at you from his BMW as you board the bus.  See servitude.


The bus?? Sorry, we had to give the Job Creators another tax cut so we defunded mass transit. The ridership was a little, how you say, 'ethnic.'
 
2013-06-30 12:20:19 PM

bunner: TV's Vinnie: There's a cure for that.

*flips through a book on 15th through 19th c. history.

*taps watch*

"Yeeepp, yep, yep,  yep"

*sigh*


You just aren't looking in the right places, bruh.

media.heavy.com

The anger IS beginning to rise, and it's growing.
 
2013-06-30 12:27:53 PM

orbister: 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).

$80,000 per annum at 4 shifts per week, 52 weeks per year is $384 per shift, so at $2 per pint that's 192 pints per shift. How long is a shift?


~$8 - $10 an hour + 10% of Waitron's tips. 8 - 10 hour shifts
A good bartender at a Marina/ Yacht Club / Good Restaurant can make a good salary.
 
2013-06-30 12:31:53 PM
it's NOT attitude - i'm just an intense worker

farm7.staticflickr.com
 
2013-06-30 12:38:48 PM
I thought this was one of the more interesting bits:
2). No outside Food or Beverages may be brought inside ABC.

Want to pack a lunch?  NO FOOD FOR YOU!
how on earth is that rational at all?  I dont see how it can have any negative impact on a business to allow employees to eat their own food.

But then crazy Amy is crazy.
 
2013-06-30 12:43:21 PM
I first read the headline as "faked".  I am guessing that would be more accurate.
 
2013-06-30 12:48:11 PM

The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.


Risk of health-code violations?
Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.
 
2013-06-30 12:49:05 PM

The Thoroughbred of Sin: I thought this was one of the more interesting bits:
2). No outside Food or Beverages may be brought inside ABC.

Want to pack a lunch?  NO FOOD FOR YOU!
how on earth is that rational at all?  I dont see how it can have any negative impact on a business to allow employees to eat their own food.

But then crazy Amy is crazy.


That's made even more appallingly unfair when you realize that ABC does not give any free or even discounted food to its employees. The waitress who answered questions on Reddit awhile back said any food they wanted to eat had to be purchased at full price.

So not only are the workers paid shiattily, they now have to take cost of their own meals into account as well.

Stay classy ABC!
 
2013-06-30 12:51:22 PM

Fark_Guy_Rob: The only issue I have are requiring people to be ready 'five minutes before'; IE - they are expecting five minutes of work for free.


They say you need to be ready to start working at least 5 minutes in advance. You don't actually need to start working 5 minutes in advance. That is quite a relevant difference.
 
2013-06-30 12:53:49 PM
I wish they'd just throw these two into a cage with the Koch brothers and a few baseball nail-filled baseball bats, and tell them only one person will be let out of the cage in the end.

And then don't open the cage in the end, anyway, because the winner had "an attitude."
 
2013-06-30 12:54:24 PM
Yes. Baseball nails. They're a special kind of nail. Shut up.
 
2013-06-30 12:54:53 PM

TV's Vinnie: The anger IS beginning to rise, and it's growing.


Yeah, the *taps *watch* spoke more to "so, in about 5 min.?" than to "yeah, sure."
 
2013-06-30 01:00:23 PM

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


probably pretty often, but as usual the passive-aggressive don't think through. you the 2 jack-off owners clean it?
 
2013-06-30 01:00:37 PM

Brittabot: The Thoroughbred of Sin: I thought this was one of the more interesting bits:
2). No outside Food or Beverages may be brought inside ABC.

Want to pack a lunch?  NO FOOD FOR YOU!
how on earth is that rational at all?  I dont see how it can have any negative impact on a business to allow employees to eat their own food.

But then crazy Amy is crazy.

That's made even more appallingly unfair when you realize that ABC does not give any free or even discounted food to its employees. The waitress who answered questions on Reddit awhile back said any food they wanted to eat had to be purchased at full price.

So not only are the workers paid shiattily, they now have to take cost of their own meals into account as well.

Stay classy ABC!


Not saying it's right, they should get a discount, but waitstaff don't, typicly, work long shifts. Eat before you go to work.
 
2013-06-30 01:02:46 PM
Dear greedhead, yuppie, designer, money worshiping, leftover '80s, Reagan fellating, neocon, gimme gimme, oppressive twats, corporate whores, dime store thugs, billionaire sh*tstains and sock puppet politicians.

The people who put money in your pockets are really, really, really, really, really, really, really, really, really, fed up with your sh*t.

No.

Really.
 
2013-06-30 01:10:37 PM

The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?
Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.


It's funny that you think McDonald's workers would have time on their lunch breaks to run to Burger King and back.
 
2013-06-30 01:10:56 PM

Barfmaker: 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).




The bartender will not sleep with you no matter how much you tip.
 
2013-06-30 01:12:55 PM

HempHead: Barfmaker: 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).

The bartender will not sleep with you no matter how much you tip.


No, but they will recognize me as the person who tips well and they will mix special drinks when I come in.
 
2013-06-30 01:12:58 PM

bunner: Dear greedhead, yuppie, designer, money worshiping, leftover '80s, Reagan fellating, neocon, gimme gimme, oppressive twats, corporate whores, dime store thugs, billionaire sh*tstains and sock puppet politicians.

The people who put money in your pockets are really, really, really, really, really, really, really, really, really, fed up with your sh*t.


Oh, give it a break. If people were really that unhappy they wouldn't spend so much money worshipping at the altar of Apple, Starbucks, McDonalds, Disney etc.
 
2013-06-30 01:13:39 PM

Endive Wombat: 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.


Strippers' "independent contractor" contracts have similar provisions.  Fines for not keeping to schedule; stage fees (taking tips before you even get them).  It's not independent contractor status by any stretch of IRS rules.  But, ignorant teenaged girls.
 
2013-06-30 01:14:44 PM

The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?
Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.


It IS against health code for employees to eat on the line. There should be designated break areas for folks to eat--likewise no open containers for drinks, which means you need covered cups, with straws to avoid spills. AZ is somewhat patchy with enforcement though. The thing is, employee dining areas are supposed to be away from the line, and away from the service area. Folks should be able to eat on premises, but the rule against bringing in food is just a way to get employees to purchase your goods--which is more just a bit shady. I do employee meals, and if folks want to purchase something that's not on the menu for the day, then they can do so at a discount. Everything about these folks screams shady and crazy. These are the folks who give my profession a bad name, and it's also why I don't do consultations any more. For every restaurant that is in trouble and needs a hand, there are a half dozen folks who are just circling the drain from piss poor management and lack of anything resembling ethics or business sense, and it's hard to tell someone who sunk their life savings into a joint, that they'd be best off selling everything and getting out at a loss. Take that back: there are a few folks I relished giving that news to, and this sort of shady crap is just begging for a lawsuit, or six, just to scrub them from the business, and maybe get someone into their space who has some gottverdammt sense...
 
2013-06-30 01:15:57 PM

picturescrazy: 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?


Walmart. A lot of the shiattier retail jobs, actually. It isn't bad enough that you're being paid minimum wage to deal with some of the worst people in the world, they have to make sure the experience is just terrible on every level.
 
2013-06-30 01:17:27 PM

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.....




"And shall not work for any competitor within a 50 mile radius of ABC within one year of temination"
 
2013-06-30 01:22:33 PM
Sheriff Joe is just down the street and he can provide lots of help for pennies on the dollar.
 
2013-06-30 01:24:24 PM

buckler: Maus III: 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.


bull/bool/

Noun
An uncastrated male bovine animal.A papal edict.Stupid or untrue talk or writing; nonsense.

Adjective
(of a part of the body, esp. the neck) Resembling the corresponding part of a male bovine animal in build and strength.

Verb
Push or drive powerfully or violently: "he bulled the motorcycle clear of the tunnel".

Synonyms
ox


So no powerful or violent pushing or driving of other staff. Got it.


That clause is probably there because 20 minutes of Amy would make anyone want to bull her.
 
2013-06-30 01:28:05 PM

The Numbers: Oh, give it a break. If people were really that unhappy they wouldn't spend so much money worshipping at the altar of Apple, Starbucks, McDonalds, Disney etc.


Maybe you should give the "Oh, pooh!  People LOVE pseudo-prestigious crap, so phooey!" a rest.  Just saying.  People love salt, sugar and lard, too but it doesn't make it a good diet.
 
2013-06-30 01:29:05 PM
The train wreck continues.
 
2013-06-30 01:33:40 PM

The My Little Pony Killer: HempHead: Barfmaker: 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).

The bartender will not sleep with you no matter how much you tip.

No, but they will recognize me as the person who tips well and they will mix special drinks when I come in.




Well, as long as you are recognized as a big tipper, I guess it's well worth it. May you guys could get little buttons to wear that way when you visit other places, people will be aware of your tipping prowess?
 
2013-06-30 01:36:42 PM
...just watched the full KN episode on utube - just, wow

   It's been a while since I worked in a restaurant, but a clear memory.  I'd have had almost no problem with part of this "contract" (ie, "show up 5 minutes early, ready to work) and, being 16 I would likely have agreed and signed without knowing better.

   I'm older now and would gleefully have called the IRS (to start) a long time ago if someone was taking all the cash tips. Then the labor board.

   That other crap about "no purses"? why? is your business going to fold if i have to walk to my car on the break i doubt i get to grab a kotex (rather than pay for one out of a machine, i guess)?

   As for "non-compete" w/i 50 miles? shrieking paranoia is truly scary.
 
2013-06-30 01:39:46 PM

ZeroCorpse: I wish they'd just throw these two into a cage with the Koch brothers and a few baseball nail-filled baseball bats, and tell them only one person will be let out of the cage in the end.

And then don't open the cage in the end, anyway, because the winner had "an attitude."


This is my idea for one of those big, outdoor summer festivals. This is called Slug Fest. This is for men only. Here's what you do. You get about a hundred thousand of these farking men. You know the ones I mean. These macho motherfarkers. These strutting, preening, posturing, hairy, sweaty, alpha male jackoffs. The muscle assholes. You take about a hundred thousand of these disgusting pricks, and you throw them in a big dirt arena, big twenty-five acre dirt arena. And you just let them beat the shiat out of each other  for twenty-four hours non-stop. No food, no water, just whiskey and PCP. And you just let them punch and pound and kick the shiat out of each other until only one guy is left standing, then you take that guy and you put him on a pedestal and you shoot him in the farking head.
 
2013-06-30 01:41:24 PM

bunner: TV's Vinnie: The anger IS beginning to rise, and it's growing.

Yeah, the *taps *watch* spoke more to "so, in about 5 min.?" than to "yeah, sure."


Well, sorry it's not running on your timetable, Mister Impatient.
 
2013-06-30 01:46:48 PM
Businesses with a left-leaning ethos tend to have a dependence on cultish followings of fanboys who make purchasing decisions based on emotions. Apple, Ben and Jerry's, Starbucks. Left-leaning businesses also do better in service sectors where absolute quality is less important that perceived quality.

Businesses with a right-leaning ethos (aka 'businesses') mostly depend upon profitability in a competitive market, where purchasing decisions are made based upon value-for-money.
 
2013-06-30 01:47:01 PM
"TOSViolation: I hope nobody is stupid enough to work for them or buy anything from them.I'd be happy to hear that both of them got life sentences in FPMITA prison."

She already spent time in PMITA prison. In 2003, she pled guilty to one count of misusing a social security number, a class D felony.
 
2013-06-30 01:50:08 PM

TV's Vinnie: bunner: TV's Vinnie: The anger IS beginning to rise, and it's growing.

Yeah, the *taps *watch* spoke more to "so, in about 5 min.?" than to "yeah, sure."

Well, sorry it's not running on your timetable, Mister Impatient.


I think you missed the point, but.. yeah, that helped.  Sure.
 
2013-06-30 01:54:32 PM

TV's Vinnie: Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.

A lot of stores are ALREADY short-handed because of cheapskate management. Gotta keep those CEO bonuses high every year NO! MATTER! WHAT!


and even shorter handed when the kid who said he could work and is schedule is a no show because Mom feels it is more important that he goes to Aunt Linda's for the day after thanksgiving.  I'm sorry you took a job i retail and you expect black friday off, even worse is the idiot who takes a job in retail management and expects black friday off.
 
2013-06-30 01:55:24 PM
My point, should you be curious, was that - in light of all of the cheap, disingenuous, two faced prick as a business model, usurious, class war instigating, wealth disparity encouraging, sh*tty, hateful behavior that passes for culture, these days - if Armageddon started outside of my window in 5 min. not only would I not be surprised, I would probably dance.
 
2013-06-30 01:58:01 PM
bunner:  if Armageddon started outside of my window in 5 min. not only would I not be surprised, I would probably dance.

Guilty pleasure movie, hard to dance to though
 
2013-06-30 01:58:59 PM
I'm thinking the thing about purses and packages is a desperate fear of recording devices/cameras. That also explains the ban of cell phones.

I'd pay good money for a video of someone just slapping that crazy biatch silly.
 
2013-06-30 02:00:58 PM
Haw!
 
2013-06-30 02:02:08 PM

incrdbil: I'm thinking the thing about purses and packages is a desperate fear of recording devices/cameras. That also explains the ban of cell phones.

I'd pay good money for a video of someone just slapping that crazy biatch silly.


or theft of costly food.  no cell phones makes sense, not sure why anyone thinks they have the right to talk or text on a cell phone while at work (unless its permitted).
 
2013-06-30 02:02:59 PM
Ohh, I could have a field day with this contract... Shame I am based in the UK. I so want a job there!
 
2013-06-30 02:04:46 PM

Waldo Pepper: TV's Vinnie: Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.

A lot of stores are ALREADY short-handed because of cheapskate management. Gotta keep those CEO bonuses high every year NO! MATTER! WHAT!

and even shorter handed when the kid who said he could work and is schedule is a no show because Mom feels it is more important that he goes to Aunt Linda's for the day after thanksgiving.  I'm sorry you took a job i retail and you expect black friday off, even worse is the idiot who takes a job in retail management and expects black friday off.


That's a pretty interesting world you have there up your own ass.
 
2013-06-30 02:05:14 PM

TV's Vinnie: Waldo Pepper: TV's Vinnie: Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.

A lot of stores are ALREADY short-handed because of cheapskate management. Gotta keep those CEO bonuses high every year NO! MATTER! WHAT!

and even shorter handed when the kid who said he could work and is schedule is a no show because Mom feels it is more important that he goes to Aunt Linda's for the day after thanksgiving.  I'm sorry you took a job i retail and you expect black friday off, even worse is the idiot who takes a job in retail management and expects black friday off.

That's a pretty interesting world you have there up your own ass.


in what way?
 
2013-06-30 02:12:53 PM

ZeroCorpse: Yes. Baseball nails. They're a special kind of nail. Shut up.


static.someecards.com
 
2013-06-30 02:16:45 PM

semiotix: I like the "no food in the kitchen" rule. Tough but fair!


No food in the kitchen, no fighting in the war room!
 
2013-06-30 02:18:44 PM
The contract for employees working at Crazy Amy's Baking Company is as farked up as you would imagine


Only valid if "you" have never worked a farking day in your life at a service job any minimum wage job  any job where you're a front line employee.  Which apparently applies to subby.

Everybody I've ever worked with has had rules that go more or less that route.  The $250 fee for missing a holiday seems slightly messed up but I've heard of places with mandatory suspensions for missing critical days without a valid excuse.  I'm pretty sure the one-year non compete clause wouldn't survive any sort of court challenge.  What's shocking is that it's not halfway as messed up as I would imagine a contract at ABC would be (what, no kneeling upon the entrance of His or Her Majesty?).  And if I had to actually work for these people, I'd be inclined to take the guaranteed money rather than hope that this place could generate enough customers after the lookey loo factor of their trainwreck on television.
 
2013-06-30 02:20:27 PM

Bathia_Mapes: Hopefully the state labor board will investigate.


I don't know about the state, but I'd bet the county would look the other way. After all, that's Sheriff Joe's county.
 
2013-06-30 02:28:06 PM

Brittabot: I love how they honestly think they can enforce a non-compete clause for A farkING YEAR after the employee stops working there! I can understand them not wanting employees to work for a competitor while they are still ABC employees (even though it may not be legal to enforce even that), but to think they can bar them from working in any other restaurant within 50 miles for a year is a complete joke.


Not even that.  Typically the point of non-compete clauses is either to protect trade secrets or valuable customers from being poached.  My guess is these two are doing a lot more to drive customers away than the employee would by the latter.  In the case of the former, exactly how in the fark do you make unwrapping the product you bought somewhere else and packaging it as your own a "trade secret"?  I know, I know; go ask Apple or Samsung or the assholes who sued Drew.


DerAppie: Fark_Guy_Rob: The only issue I have are requiring people to be ready 'five minutes before'; IE - they are expecting five minutes of work for free.

They say you need to be ready to start working at least 5 minutes in advance. You don't actually need to start working 5 minutes in advance. That is quite a relevant difference.


Now that's a surprise.  A lot of places that I've applied to expect people to be there 15 minutes in advance.
 
2013-06-30 02:29:15 PM

Sir Cumference the Flatulent: Bathia_Mapes: Hopefully the state labor board will investigate.

I don't know about the state, but I'd bet the county would look the other way. After all, that's Sheriff Joe's county.


Now we all know Sheriff Joe would kick Sami out of the country as an illegal.
 
2013-06-30 02:30:22 PM

Sir Cumference the Flatulent: Bathia_Mapes: Hopefully the state labor board will investigate.

I don't know about the state, but I'd bet the county would look the other way. After all, that's Sheriff Joe's county.


What, you mean he isn't going after something that would be guaranteed to land his media whore ass on the cable networks?   I need to locate my fainting couch, because I do think the vapors are overcoming me.
 
2013-06-30 02:36:43 PM

Tom_Slick: 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.


That's not what "right to work" means.
 
2013-06-30 03:02:54 PM

The Numbers: bunner: Dear greedhead, yuppie, designer, money worshiping, leftover '80s, Reagan fellating, neocon, gimme gimme, oppressive twats, corporate whores, dime store thugs, billionaire sh*tstains and sock puppet politicians.

The people who put money in your pockets are really, really, really, really, really, really, really, really, really, fed up with your sh*t.

Oh, give it a break. If people were really that unhappy they wouldn't spend so much money worshipping at the altar of Apple, Starbucks, McDonalds, Disney etc.


Tick, tock, tick toc. We're nearing the end of our "bread and circuses" phase of our culture. When people have nothing to eat, they will start rebelling. You never, ever deprive somebody of the ability to eat.

/I see in Amy's future broken window, gasoline and a lighted match.
 
2013-06-30 03:07:52 PM

PreMortem: I thought they would have packed up and moved by now. Samy must have really deep pockets


Money launderers always do.
 
2013-06-30 03:08:30 PM

letrole: Businesses with a left-leaning ethos tend to have a dependence on cultish followings of fanboys who make purchasing decisions based on emotions. Apple, Ben and Jerry's, Starbucks. Left-leaning businesses also do better in service sectors where absolute quality is less important that perceived quality.

Businesses with a right-leaning ethos (aka 'businesses') mostly depend upon profitability in a competitive market, where purchasing decisions are made based upon value-for-money.


Oh for farks sake. Troll.
 
2013-06-30 03:26:08 PM
i.imgur.com
 
2013-06-30 03:47:54 PM
$250 for missing a shift and paying for something that gets broken.  I don't think so.  I don't think the owners understand the risk that is just business.

The second half of rule 6 is stupid when rule 11 is enough.  However if ABC doesn't want the business of parents who may want to patronize their establishment so the parents' kid can wait on ole mom and dad, then that is ABC's loss.  My parents did that to me a few times, my boss never complained about the money.

When Kitchen Nightmares pointed out the tipping issue, I was outraged.  However if I had to choose between the $8-$12/hr solid pay compared to 2.15-4.10/hr with tips, I will go with sure money.  I guess we now know why folks keep applying there.
 
2013-06-30 03:51:18 PM

Tom_Slick: 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.


You know how I know you have no idea what you're talking about?

[morbo.jpg]
 
2013-06-30 04:06:22 PM

jehovahs witness protection: And the crazy plastic biatch is still in business why?


Because the Barbie Dream Restaurant doesnt need to make a profit... thats what surgar daddies are for.
 
2013-06-30 04:07:27 PM
hubiestubert:

As someone who worked in many restaurants (from fast food to fine dining) while in high school and college (oh so very long ago), I love it when you show up in these threads. Always informative, never overly defensive. I appreciate your input.
 
2013-06-30 04:12:08 PM

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.


Not sure what a living wage is in that city, but i would much rather go to a restaurant with no tipping than what most restaurants do. To the restaurant owner: they are YOUR employees, YOU pay them It is not my responsibility to make sure your employee makes a living wage. Just jack up the prices 15 percent and take care of your people.

I make it a point to mention a good server in my reviews anyway, i am sure that goes farther for their job prospect than if i give them 15 or twenty percent. What i really farkinf dislike is having to tip bad service 10 or 15 percent because a tip is almost considered a tax these days rather than a gratuity. It is a farking scam.

That being said, if ABC is paying a living wage, what they should do instead of keeping the tips is just make the restaurant tip free and increase prices slightly. Taking a tip from a server is in poor taste.
 
2013-06-30 04:14:05 PM

orbister: 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).

$80,000 per annum at 4 shifts per week, 52 weeks per year is $384 per shift, so at $2 per pint that's 192 pints per shift. How long is a shift?


A shift is 8 hours, minimum wage is $8.90 but this is also the senior bartender, dunno the exact wage.
 
2013-06-30 04:16:17 PM

Tom_Slick: 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.


Non compete clauses are worthless in every state the only times they ever hold up in court is if the person has access to trade secrets or inside information that would not have been attainable in any other way. I can't think of how anyone in the service industry would qualify.
 
2013-06-30 04:22:18 PM

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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.
 
2013-06-30 04:29:21 PM

Maus III: 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.


Oh the projection. It's perfect. It's bringing tears to my eyes.
 
2013-06-30 04:31:34 PM

HempHead: The My Little Pony Killer: HempHead: Barfmaker: 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).

The bartender will not sleep with you no matter how much you tip.

No, but they will recognize me as the person who tips well and they will mix special drinks when I come in.

Well, as long as you are recognized as a big tipper, I guess it's well worth it. May you guys could get little buttons to wear that way when you visit other places, people will be aware of your tipping prowess?


Didn't I just say that bartenders recognize the behavior? Why would I need to wear a little button?
 
2013-06-30 04:31:41 PM
No visiting or unnecessary talking is allowed during your work shift. This causes distractions and results in loss of product. Any may result in possible harm to you, or to others.

I think that's a typo. They probably meant "Amy."
 
2013-06-30 04:41:16 PM

rga184: i am sure that goes farther for their job prospect than if i give them 15 or twenty percent


Sure, if you believe that prospective employers give a damn about what Yelp has to say.
 
2013-06-30 04:44:42 PM

malaktaus: ZeroCorpse: I wish they'd just throw these two into a cage with the Koch brothers and a few baseball nail-filled baseball bats, and tell them only one person will be let out of the cage in the end.

And then don't open the cage in the end, anyway, because the winner had "an attitude."

This is my idea for one of those big, outdoor summer festivals. This is called Slug Fest. This is for men only. Here's what you do. You get about a hundred thousand of these farking men. You know the ones I mean. These macho motherfarkers. These strutting, preening, posturing, hairy, sweaty, alpha male jackoffs. The muscle assholes. You take about a hundred thousand of these disgusting pricks, and you throw them in a big dirt arena, big twenty-five acre dirt arena. And you just let them beat the shiat out of each other  for twenty-four hours non-stop. No food, no water, just whiskey and PCP. And you just let them punch and pound and kick the shiat out of each other until only one guy is left standing, then you take that guy and you put him on a pedestal and you shoot him in the farking head.


Your newsletter, let me subscribe to it

/seriously
//You are my new idol!
 
2013-06-30 04:47:41 PM

Chaghatai: 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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.


It's almost like employees are human beings with actual lives outside of work...

One can have open availability but pretty much anyone is going to have either planned or unplanned things come up from time to time that will prevent them from being able to work a certain shift.

Employers would see much lower turnover if they recognized the need for a work/life balance and allowed people a bit of leeway once in awhile.
 
2013-06-30 05:01:10 PM
seriously they should call it Crazy Amy's now
 
2013-06-30 05:03:30 PM

LtDarkstar: malaktaus: ZeroCorpse: I wish they'd just throw these two into a cage with the Koch brothers and a few baseball nail-filled baseball bats, and tell them only one person will be let out of the cage in the end.

And then don't open the cage in the end, anyway, because the winner had "an attitude."

This is my idea for one of those big, outdoor summer festivals. This is called Slug Fest. This is for men only. Here's what you do. You get about a hundred thousand of these farking men. You know the ones I mean. These macho motherfarkers. These strutting, preening, posturing, hairy, sweaty, alpha male jackoffs. The muscle assholes. You take about a hundred thousand of these disgusting pricks, and you throw them in a big dirt arena, big twenty-five acre dirt arena. And you just let them beat the shiat out of each other  for twenty-four hours non-stop. No food, no water, just whiskey and PCP. And you just let them punch and pound and kick the shiat out of each other until only one guy is left standing, then you take that guy and you put him on a pedestal and you shoot him in the farking head.

Your newsletter, let me subscribe to it

/seriously
//You are my new idol!


Idolize him if you wish but George Carlin has been dead for a few years now.

/classic
//Credit where it is due
 
2013-06-30 05:05:33 PM

Chaghatai: 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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.


Meh.  It's about balance.  I've never had any problems finding a way to Tetris people into a schedule.

Have college kids working for you?  Work the kids that have classes Mon Wed Fri opposite the kids who have classes Tues Thurs.  Some of your people need Sun off for church or to watch the big game?  Have a few people who love to work weekends to offset them.

I've handled this in bookstores, offices, restaurants, and regular retail.  Little mom & pop places and big box retail.  Just takes a few more minutes of your time.  Makes for -much- happier workers.  No one should have to stress about losing their job because they want to watch their kid play soccer on Saturday mornings.
 
2013-06-30 05:23:24 PM

lack of warmth: $250 for missing a shift and paying for something that gets broken.  I don't think so.  I don't think the owners understand the risk that is just business.

The second half of rule 6 is stupid when rule 11 is enough.  However if ABC doesn't want the business of parents who may want to patronize their establishment so the parents' kid can wait on ole mom and dad, then that is ABC's loss.  My parents did that to me a few times, my boss never complained about the money.

When Kitchen Nightmares pointed out the tipping issue, I was outraged.  However if I had to choose between the $8-$12/hr solid pay compared to 2.15-4.10/hr with tips, I will go with sure money.  I guess we now know why folks keep applying there.



A local beer co-op here has a no-tipping policy and pays a "living wage" (I think its around $11 an hour).  The nytimes had an op-ed about it last week.

There's a waiting list to work there because many experienced restaurant veterans prefer the stable income.

They're able to do it because they don't need an army of table waiters.  You place your order, receive a numbered placard, then someone brings the food to you.
 
2013-06-30 05:25:42 PM

penthesilea: Chaghatai: 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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.

Meh.  It's about balance.  I've never had any problems finding a way to Tetris people into a schedule.

Have college kids working for you?  Work the kids that have classes Mon Wed Fri opposite the kids who have classes Tues Thurs.  Some of your people need Sun off for church or to watch the big game?  Have a few people who love to work weekends to offset them.

I've handled this in bookstores, offices, restaurants, and regular retail.  Little mom & pop places and big box retail.  Just takes a few more minutes of your time.  Makes for -much- happier workers.  No one should have to stress about losing their job because they want to watch their kid play soccer on Saturday mornings.


I don't think it has anything to do with that crazy biatch wanting to work around schedules.  She and her sugar daddy act like the kind of people who are very disappointed that slavery was abolished and have no problem with treating people as if they were slaves, anyway.  They are control freaks.  They don't see their relationship with their employees as a partnership as good bosses do.
 
2013-06-30 05:27:11 PM

Brittabot: Chaghatai: 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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.

It's almost like employees are human beings with actual lives outside of work...

One can have open availability but pretty much anyone is going to have either planned or unplanned things come up from time to time that will prevent them from being able to work a certain shift.

Employers would see much lower turnover if they recognized the need for a work/life balance and allowed people a bit of leeway once in awhile.


I think the point was about employees not being up front about their scheduling requirements. Of course it is okay if someone needs a particular day off to worship their sky wizard of choice, and if the day care at which they leave their crotch fruit only operates certain hours, but if they don't say that in the first place, the manager will schedule them assuming "I can work anytime" actually means "I can work anytime". A good scheduling manager should allow for these kinds of things anyway, especially in a restaurant environment where there "should" be a pool of wait staff clamoring for extra hours and willing to cover for one another. The point that Crazy Amy is essentially demanding open availability says to me (a) she is too lazy to put together a decent schedule and (b) she can't keep enough wait staff to ensure coverage. But we already inferred the latter since she is insane and impossible to work for.

As far as work/life balance, I try to keep my underlings proles workers as happy as I can. If they need a day off, I accomodate. We're a small lab (5 employees plus myself, and we all have specialized functions), but we pick up each other's slack when someone isn't around. I don't keep attendance "points" or demerits for tardiness or absenteeism under the premise of "shiat happens". If they aren't there, they don't get paid. If it becomes a problem, we have a talk. If it's still a problem, we have a talk with Corporate HR. But you know what? I treat my minions with respect, and they pay it back in kind by working hard and showing up for work on time. Maybe I'm just lucky, though.
 
2013-06-30 05:32:23 PM

rga184: 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.

Not sure what a living wage is in that city, but i would much rather go to a restaurant with no tipping than what most restaurants do. To the restaurant owner: they are YOUR employees, YOU pay them It is not my responsibili ...


I'm okay with a small business doing the lower wage plus tips but something is wrong when these major chains play the low wage/tip game.

There is no reason that Famous Daves, Red Robin and the rest shouldn't be required to pay min wage plus tips.
 
2013-06-30 05:36:10 PM

bunner: My point, should you be curious, was that - in light of all of the cheap, disingenuous, two faced prick as a business model, usurious, class war instigating, wealth disparity encouraging, sh*tty, hateful behavior that passes for culture, these days - if Armageddon started outside of my window in 5 min. not only would I not be surprised, I would probably dance.


Someone been pissing in your coffee again? You're quite the little bundle of rage.
 
2013-06-30 05:41:17 PM

OgreMagi: penthesilea: Chaghatai: 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 much THIS^^^

Amy's is terrible and taking tips is illegal in AZ I'm pretty sure, but not hiring anyone who doesn't have honest-to-goodness "open" availability shouldn't be wrong in anybody's book. You won't believe how many employees who agreed to open availability tell me all the time that they need specific allowances and can't work their schedules.

Meh.  It's about balance.  I've never had any problems finding a way to Tetris people into a schedule.

Have college kids working for you?  Work the kids that have classes Mon Wed Fri opposite the kids who have classes Tues Thurs.  Some of your people need Sun off for church or to watch the big game?  Have a few people who love to work weekends to offset them.

I've handled this in bookstores, offices, restaurants, and regular retail.  Little mom & pop places and big box retail.  Just takes a few more minutes of your time.  Makes for -much- happier workers.  No one should have to stress about losing their job because they want to watch their kid play soccer on Saturday mornings.

I don't think it has anything to do with that crazy biatch wanting to work around schedules.  She and her sugar daddy act like the kind of people who are very disappointed that slavery was abolished an ...


Assuming this isn't some front for illegal activities

Other than the  $250 fine I though the part about weekends and holidays makes sense. Here is what is required of you and  you are expected to work these days.  As crazy as Amy is I bet if she takes a liking to you as an employee she treats you better (not saying much i know) then the others.

They pay a decent wage and a simple No tipping policy would ease their troubles on that issue.
 
2013-06-30 05:43:43 PM
"19) The wait staff understands that any and all "tips" are property of the "house." "

This is 100% illegal via IRS tax code unless the 'house' owners are actively participating in serving the guests. If they do not much of jack and the waitstaff handles customer service, then no, those tips don't belong to the house.

/already embroiled in a lawsuit over this with Red Delivery Guy
//I will win, and they will be audited and the owners jailed. Too much evidence.
 
2013-06-30 05:44:11 PM

Abox: 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.


That effin sucks. I've done the crazy shift thing while working as a supervisor when needed (like 2 nights every quarter) and it was horrible. I couldn't imagine doing it every week and for someone who didn't appreciate the hard work involved.
 
2013-06-30 05:45:52 PM

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


Article regarding the enforceability of covenants not to compete in Arizona:   http://www.anthemlaw.com/articles/non-compete-agreements/ 

Based on that article, it's not completely clear that a court would find it unreasonable.  It outright says in the article that six months to a year is a reasonable time frame.  A fifty mile radius may or may not be reasonable depending on the landscape out there--fifty miles in Arizona isn't what it is in New England, and, given that I've never lived in that part of the country, I'll be the first to admit I don't have a clue.  I think the kicker would be whether the person could reasonably find another job in his or her field after ceasing work there, and whether the covenant at hand serves a legitimate business purpose--likely, the protection of ABC's intellectual property (recipes, production techniques, and other trade secrets).

The kicker, of course, is being sufficiently savvy about your rights to know that you can petition to have such an agreement invalidated or curtailed,and the money to hire a lawyer to do so, which is a position that not many people in the food service business are likely to be in.
 
2013-06-30 05:46:15 PM

Waldo Pepper: Other than the $250 fine I though the part about weekends and holidays makes sense.


You better re-educate your ignorant ass - religious exemptions BY LAW must be made.

/no wonder we've got such a shiat economy when people don't even know what freaking rights they have.
//you damned moron
 
2013-06-30 05:47:40 PM

Morgellons: I think the point was about employees not being up front about their scheduling requirements


Which is really something everyone should do in an economy that won't employ people unless they say they're willing to work any time, any day, and be on call at a moment's notice from midnight to midnight.
 
2013-06-30 05:48:03 PM

The Numbers: Someone been pissing in your coffee again? You're quite the little bundle of rage.


Oh, tee hee. I have dismissed you! I have pronounced you EnrAgEd!11  On the internet!  Sniff sniff, oh dear me.  Don't you feel quite silly?"  You troll monkeys never get tired of this sh*t, do you?  :  )
 
2013-06-30 05:49:08 PM

The My Little Pony Killer: HempHead: The My Little Pony Killer: HempHead: Barfmaker: 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).

The bartender will not sleep with you no matter how much you tip.

No, but they will recognize me as the person who tips well and they will mix special drinks when I come in.

Well, as long as you are recognized as a big tipper, I guess it's well worth it. May you guys could get little buttons to wear that way when you visit other places, people will be aware of your tipping prowess?

Didn't I just say that bartenders recognize the behavior? Why would I need to wear a little button?




So other people will realize how cool you are.
 
2013-06-30 05:49:47 PM
I should add, BTW, that I am not a lawyer and nothing I say should be considered legal advice.
 
2013-06-30 05:50:48 PM

Morgellons: I think the point was about employees not being up front about their scheduling requirements.


By law, that doesn't matter. We've got FMLA and all sorts of other stuff to prevent EXACTLY THIS KIND OF BULLshiat.

Also, employers are not legally allowed to ask about certain things, like how many children you have, religious orientation, etc.

If it's not a BFOQ it's ILLEGAL, period.

/mfw it seems most of fark has no clue about their rights, which is fine, ignorant fools like yourself need to be stripped of those rights since you don't respect them anyways.
 
2013-06-30 05:52:23 PM

geekbikerskum: I should add, BTW, that I am not a lawyer and nothing I say should be considered legal advice.


That's fine with me, I've been through the legal bullcrap and can say with court rulings backing me up that this is entirely illegal.

/about to be rich from not only a drunk driver accident but a major violation of labor laws here in SoCal.
 
2013-06-30 05:52:55 PM

khyberkitsune: Waldo Pepper: Other than the $250 fine I though the part about weekends and holidays makes sense.

You better re-educate your ignorant ass - religious exemptions BY LAW must be made.

/no wonder we've got such a shiat economy when people don't even know what freaking rights they have.
//you damned moron


Wow are you really sinking to calling me a name?  religious exemptons do not have to be made in all cases. 
http://religionclause.blogspot.com/2011/07/restaurant-wins-in-employ ee s-religious.html
 
2013-06-30 06:03:39 PM
A lot of that stuff is pretty boilerplate for the food industry, one of the major issues I have with it is the charging the employee for missing days.  Now we don't know what other agreements and policies there are in place, but if you have an employee that's sick with something like the flu.  They can't call in because on top of not getting paid for that day, they might lose wages from before, so they come in, transmit the disease to co-workers and customers and cause the company to lose even MORE money than they would have being short staffed that day.

The Holiday thing is a lack of planning and foresight in addition to being cheap, and again the docking pay thing.

The tips thing looks more like a way to get away from the tipping controversy,  pay their people at least minimum wage and do away with having to deal with tips.  Not unusual, something of a prick move, but not out of the ordinary.

The non-compete clause, however, seems way over the top, this is fine when an industry fits in a certain niche and doesn't want employes taking expertise to a direct competitor, but this is a restaurant.  This means that someone who leaves there may be facing a whole year of unemployment because being wait-staff or cook is the only thing they know.  Non-compete clauses are ok when a companies competitors number less than 10 nationally, it's terrible when you might have that many just in the 1 mile radius around the business.
 
2013-06-30 06:07:22 PM

Waldo Pepper: khyberkitsune: Waldo Pepper: Other than the $250 fine I though the part about weekends and holidays makes sense.

You better re-educate your ignorant ass - religious exemptions BY LAW must be made.

/no wonder we've got such a shiat economy when people don't even know what freaking rights they have.
//you damned moron

Wow are you really sinking to calling me a name?  religious exemptons do not have to be made in all cases. 
http://religionclause.blogspot.com/2011/07/restaurant-wins-in-employ ee s-religious.html


That's a purely money-made decision and flies in the face of religious exemptions allowed for Christianity.

AKA that judge was bought out.

Please re-read your laws and come back when you understand them.
 
2013-06-30 06:07:22 PM

Commander_Neckbeard: A lot of that stuff is pretty boilerplate for the food industry, one of the major issues I have with it is the charging the employee for missing days.  Now we don't know what other agreements and policies there are in place, but if you have an employee that's sick with something like the flu.  They can't call in because on top of not getting paid for that day, they might lose wages from before, so they come in, transmit the disease to co-workers and customers and cause the company to lose even MORE money than they would have being short staffed that day.

The Holiday thing is a lack of planning and foresight in addition to being cheap, and again the docking pay thing.

The tips thing looks more like a way to get away from the tipping controversy,  pay their people at least minimum wage and do away with having to deal with tips.  Not unusual, something of a prick move, but not out of the ordinary.

The non-compete clause, however, seems way over the top, this is fine when an industry fits in a certain niche and doesn't want employes taking expertise to a direct competitor, but this is a restaurant.  This means that someone who leaves there may be facing a whole year of unemployment because being wait-staff or cook is the only thing they know.  Non-compete clauses are ok when a companies competitors number less than 10 nationally, it's terrible when you might have that many just in the 1 mile radius around the business.


I don't get the non-complete cause either.  Does such a thing exist anywhere for wait staff?  Years ago my sister had to sign on as the company she worked for was training her in a specific area that contained included some legal expertise stuff.  Now if Amy was teaching someone how to bake and decorate cakes okay.
 
2013-06-30 06:11:04 PM

khyberkitsune: Waldo Pepper: khyberkitsune: Waldo Pepper: Other than the $250 fine I though the part about weekends and holidays makes sense.

You better re-educate your ignorant ass - religious exemptions BY LAW must be made.

/no wonder we've got such a shiat economy when people don't even know what freaking rights they have.
//you damned moron

Wow are you really sinking to calling me a name?  religious exemptons do not have to be made in all cases. 
http://religionclause.blogspot.com/2011/07/restaurant-wins-in-employ ee s-religious.html

That's a purely money-made decision and flies in the face of religious exemptions allowed for Christianity.

AKA that judge was bought out.

Please re-read your laws and come back when you understand them.


Okay

The employer is also required to reasonably accommodate the employee's religious beliefs unless such accommodation would result in undue hardship to the employer.  Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 73-74 (1977);E.E.O.C. v. Reads, Inc., 759 F. Supp. 1150, 1155 (E.D. Pa. 1991); 29 C.F.R. § 1605.2(c). "Accommodation" means that employer neutrality is not enough.Riley v. Bendix Corp., 464 F.2d 1113, 1115 (5th Cir. 1972);  Reid v. Memphis Publ'g Co., 468 F.2d 346, 350-51 (6th Cir. 1972) (the fact that a particular policy is applied uniformly to all employees does not lessen the discriminatory effect upon a particular employee's religious beliefs). In other words, an employer is required to accommodate an employee's adherence to the principles of his religion unless such accommodation will actually interfere with the operations of the employer.

For example, if an employee cannot work on Sunday due to his or her sincerely held religious beliefs and requests Sunday off as his or her Sabbath, an employer has an affirmative obligation to accommodate the employee's sincerely held religious beliefs as long as it does not cause an undue hardship on the business. If the employer can get a person who is willing to work in the employee's place on Sunday, and the business can operate, the employer must accommodate the employee's sincerely held religious beliefs.  See, e.g., Sable v. Stickney, 64 Empl. Prac. Dec. (CCH) 43148 (S.D.N.Y. 1993) (found a reasonable accommodation for an employee's religious observance of Jewish holy days by excusing his attendance for a conference and allowing him to send his deputy director);  Roberts v. Hermitage Cotton Mills, 8 Empl. Prac. Dec. (CCH) 9589 (D.S.C. 1974) (found undue hardship when an employer should bear more than a de minimis cost for hiring an additional worker or risking the loss of production in accommodating an employee's religious practices on Saturdays).
 
2013-06-30 06:13:07 PM

Waldo Pepper: The employer is also required to reasonably accommodate the employee's religious beliefs unless such accommodation would result in undue hardship to the employer.


Never proven in the case, and in fact never weighed upon in the case you're mentioning.

Try again.

/Electronic Arts is bankrupt because of me. Would you like to take this further and add in my THQ win as well?
//never lost a lawsuit because he UNDERSTANDS THE LAW.
 
2013-06-30 06:15:12 PM
To further add, your case is being used as an EXAMPLE in my current case against Red Delivery Guy - try again when you really know what you're talking about and have LOTS of employment lawyers to explain the nuances to you.
 
2013-06-30 06:15:27 PM

khyberkitsune: geekbikerskum: I should add, BTW, that I am not a lawyer and nothing I say should be considered legal advice.

That's fine with me, I've been through the legal bullcrap and can say with court rulings backing me up that this is entirely illegal.


Maybe it is in California, where, from what I've read, covenants not to compete are almost unenforceable, but laws in Arizona are very different.  Given the stuff in that article I posted, it's not completely clear that the covenant not to compete in question is out of bounds according to Arizona law, although if it amounts to an effective ban on the person making a living, the court would probably rule that way if I had to guess.

/about to be rich from not only a drunk driver accident but a major violation of labor laws here in SoCal.

Wow.  I'm sorry.  What a crappy lot of stuff to have to endure in order to get rich.  Almost everyone I know who's gotten any sort of sizeable lawsuit payout would gladly trade the money for not having had to deal with the life events that led to the suit.
 
2013-06-30 06:18:07 PM

khyberkitsune: Waldo Pepper: The employer is also required to reasonably accommodate the employee's religious beliefs unless such accommodation would result in undue hardship to the employer.

Never proven in the case, and in fact never weighed upon in the case you're mentioning.

Try again.

/Electronic Arts is bankrupt because of me. Would you like to take this further and add in my THQ win as well?
//never lost a lawsuit because he UNDERSTANDS THE LAW.


nah i find people that sue companies and others and brag about it to be among the scum of the earth and huge part of what is wrong with america
 
2013-06-30 06:21:03 PM

khyberkitsune: To further add, your case is being used as an EXAMPLE in my current case against Red Delivery Guy - try again when you really know what you're talking about and have LOTS of employment lawyers to explain the nuances to you.


gee what fun would fark be if we have to start running all of our comments thru lawyers before posting.  so it appears you like to make your living suing employers.  Hmmm I wonder if your comments here could be used against you. doubtful I'm sure but would be just if they could
 
2013-06-30 06:23:24 PM

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

Article regarding the enforceability of covenants not to compete in Arizona:   http://www.anthemlaw.com/articles/non-compete-agreements/ 

Based on that article, it's not completely clear that a court would find it unreasonable.  It outright says in the article that six months to a year is a reasonable time frame.  A fifty mile radius may or may not be reasonable depending on the landscape out there--fifty miles in Arizona isn't what it is in New England, and, given that I've never lived in that part of the country, I'll be the first to admit I don't have a clue.  I think the kicker would be whether the person could reasonably find another job in his or her field after ceasing work there, and whether the covenant at hand serves a legitimate business purpose--likely, the protection of ABC's intellectual property (recipes, production techniques, and other trade secrets).

The kicker, of course, is being sufficiently savvy about your rights to know that you can petition to have such an agreement invalidated or curtailed,and the money to hire a lawyer to do so, which is a position that not many people in the food service business are likely to be in.


A non-compete clause can not prevent you from working in your profession.  A waitress job is not something that can have a non-compete because there is absolutely nothing "trade secret" about it.
 
2013-06-30 06:27:36 PM

geekbikerskum: Maybe it is in California, where, from what I've read, covenants not to compete are almost unenforceable, but laws in Arizona are very different.


It's FEDERAL, not state. This was a USSC ruling about 4-5 years ago, right as I moved into California.

The only reason this isn't hitting the news and courts as hard as it should be is because the workers are gnorant of their rights under the law.

Waldo Pepper: nah i find people that sue companies and others and brag about it to be among the scum of the earth


Well, put it like this, without me, your entire computer would be laden with DRM that can destroy your hardware at any time (like EA's Spore DRM and THQ's crap tech support caused to my machines.)

So you better be grateful that these companies can't rape you any more than they already are without notifying you first, because I'm the one behind that.

Waldo Pepper: so it appears you like to make your living suing employers. Hmmm I wonder if your comments here could be used against you. doubtful I'm sure but would be just if they could


Given your lack of thought process, you can wonder all day long. I make my living keeping your asses fed. I only come across these labor violations when I take up a secondary job to get extra R&D money for my LED and zero-light growth technology (which Texas and California and thus the majority of your Ag. Economy are dependent upon.)
 
2013-06-30 06:33:33 PM

HempHead: The My Little Pony Killer: HempHead: The My Little Pony Killer: HempHead: Barfmaker: 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).

The bartender will not sleep with you no matter how much you tip.

No, but they will recognize me as the person who tips well and they will mix special drinks when I come in.

Well, as long as you are recognized as a big tipper, I guess it's well worth it. May you guys could get little buttons to wear that way when you visit other places, people will be aware of your tipping prowess?

Didn't I just say that bartenders recognize the behavior? Why would I need to wear a little button?

So other people will realize how cool you are.


You just don't get it.
 
2013-06-30 06:33:36 PM

khyberkitsune: geekbikerskum: Maybe it is in California, where, from what I've read, covenants not to compete are almost unenforceable, but laws in Arizona are very different.

It's FEDERAL, not state. This was a USSC ruling about 4-5 years ago, right as I moved into California.

The only reason this isn't hitting the news and courts as hard as it should be is because the workers are gnorant of their rights under the law.

Waldo Pepper: nah i find people that sue companies and others and brag about it to be among the scum of the earth

Well, put it like this, without me, your entire computer would be laden with DRM that can destroy your hardware at any time (like EA's Spore DRM and THQ's crap tech support caused to my machines.)

So you better be grateful that these companies can't rape you any more than they already are without notifying you first, because I'm the one behind that.

Waldo Pepper: so it appears you like to make your living suing employers. Hmmm I wonder if your comments here could be used against you. doubtful I'm sure but would be just if they could

Given your lack of thought process, you can wonder all day long. I make my living keeping your asses fed. I only come across these labor violations when I take up a secondary job to get extra R&D money for my LED and zero-light growth technology (which Texas and California and thus the majority of your Ag. Economy are dependent upon.)


Yawns, I can live without a computer so thanks but no biggie.  honestly I can live off the food that is produced within a 50 mile radius from where I live so again thanks but no biggie.

but hey thank you for filing lawsuits and winning big and helping keep the cost of food higher then it needs to be for what I'm sure are minor violations so you can keep your weed habit growing under those lights.
 
2013-06-30 06:45:36 PM

malaktaus: ZeroCorpse: I wish they'd just throw these two into a cage with the Koch brothers and a few baseball nail-filled baseball bats, and tell them only one person will be let out of the cage in the end.

And then don't open the cage in the end, anyway, because the winner had "an attitude."

This is my idea for one of those big, outdoor summer festivals. This is called Slug Fest. This is for men only. Here's what you do. You get about a hundred thousand of these farking men. You know the ones I mean. These macho motherfarkers. These strutting, preening, posturing, hairy, sweaty, alpha male jackoffs. The muscle assholes. You take about a hundred thousand of these disgusting pricks, and you throw them in a big dirt arena, big twenty-five acre dirt arena. And you just let them beat the shiat out of each other  for twenty-four hours non-stop. No food, no water, just whiskey and PCP. And you just let them punch and pound and kick the shiat out of each other until only one guy is left standing, then you take that guy and you put him on a pedestal and you shoot him in the farking head.


Now there's something to justify the sports package on DirecTV.

/still waiting for the Ocho
 
2013-06-30 07:01:50 PM

penthesilea: Meh. It's about balance. I've never had any problems finding a way to Tetris people into a schedule.

Have college kids working for you? Work the kids that have classes Mon Wed Fri opposite the kids who have classes Tues Thurs. Some of your people need Sun off for church or to watch the big game? Have a few people who love to work weekends to offset them.

I've handled this in bookstores, offices, restaurants, and regular retail. Little mom & pop places and big box retail. Just takes a few more minutes of your time. Makes for -much- happier workers. No one should have to stress about losing their job because they want to watch their kid play soccer on Saturday mornings.


Yeah, pretty much this.  Also, if you can't find a way to accomidate a request off... allow them to find someone to cover their shift.  Happens all the time.
 
2013-06-30 07:05:46 PM

Commander_Neckbeard: A lot of that stuff is pretty boilerplate for the food industry, one of the major issues I have with it is the charging the employee for missing days.  Now we don't know what other agreements and policies there are in place, but if you have an employee that's sick with something like the flu.  They can't call in because on top of not getting paid for that day, they might lose wages from before, so they come in, transmit the disease to co-workers and customers and cause the company to lose even MORE money than they would have being short staffed that day.

The Holiday thing is a lack of planning and foresight in addition to being cheap, and again the docking pay thing.

The tips thing looks more like a way to get away from the tipping controversy,  pay their people at least minimum wage and do away with having to deal with tips.  Not unusual, something of a prick move, but not out of the ordinary.

The non-compete clause, however, seems way over the top, this is fine when an industry fits in a certain niche and doesn't want employes taking expertise to a direct competitor, but this is a restaurant.  This means that someone who leaves there may be facing a whole year of unemployment because being wait-staff or cook is the only thing they know.  Non-compete clauses are ok when a companies competitors number less than 10 nationally, it's terrible when you might have that many just in the 1 mile radius around the business.


In over 20 years in this industry, I have never garnished, or "fined" and employee's wages for conduct related issues. No show, no call, no job. THAT is the standard. Docking wages for behavior is more than a bit hinkey. They worked the hours, they get paid for them. Put someone on disciplinary leave? Yes, that happens, and it's usually the step before firing--but if someone works the hours, they get paid for the hours. Replacing broken equipment or dishes? That is a solid dick move, because accidents DO happen. In very few cases could I justify trying to get an employee to replace equipment of pay for something that they ruined, and that would have to be bare, nekkid negligence after being trained upon the station or procedure, or just outright dickishness, and that would also go in line with firing, immediately. Theft? That's a whole different story, and that's not docking pay, that is the step before charges are filed, and if there is restitution, then we can NOT file charges, and leave them with the chance of getting another job in the industry, but for DAMNS sure, their recommendation is going to be chilly--without charges filed, it is unofficial and thus you don't mention, "she's a f*cking thief" but you use key words like "inter personnel problems" or "trust issues."

Holidays? That is the really sucky part of the job, but then again, you also balance those days so only your management are doing all the holidays. Chefs work when others are playing. It's our curse. Well, that and dodging very close to sexual harassment suits with waitstaff and hostesses.

Non-compete clause? WTF? These are servers and line cooks. Your chef, your KM, your GM, you might think about putting it in, but considering that she opens boxes of pastries and sells them at a markup, the "secret" practices aren't exactly tradecraft. That is just plain over-reach, and a power trip. The whole thing drips of adequacy issues, and tragic over compensation to make her business seem much more important than a f*cking bakery that resells other folks' pastries. Which is really, why you could only laugh at someone trying to get you to sign something like this.

I've had to do NDAs--opening a new joint in Phoenix, out here in Western Mass when a place merged with another company and joined two breweries into a decent sized brewing empire--and even then I was never brought into a "non-compete" clause, and I wrote half the gottverdammt menu and handbook. That is just delusions of competence screaming out to the heavens. These are some odd, odd, odd people who have seen way too much television, and have too many friends who talk about their own industries, and they seem to think a bakery is on the same scale.
 
2013-06-30 07:07:41 PM

bunner: Maybe you should give the "Oh, pooh! People LOVE pseudo-prestigious crap, so phooey!" a rest. Just saying. People love salt, sugar and lard, too but it doesn't make it a good diet.


Shouldn't you and Vinnie be out torching a Starbucks, or something?
 
2013-06-30 07:09:07 PM

HempHead: So other people will realize how cool you are.


Man you're a buzzkill. Lighten up.
 
2013-06-30 07:09:11 PM

Chariset: 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."


That's my biggest issue as well with those clauses. Usually it's called "insubordination" when you dare to ask a question or point out how doing something slightly different would be better.
 
2013-06-30 07:14:13 PM

downstairs: penthesilea: Meh. It's about balance. I've never had any problems finding a way to Tetris people into a schedule.

Have college kids working for you? Work the kids that have classes Mon Wed Fri opposite the kids who have classes Tues Thurs. Some of your people need Sun off for church or to watch the big game? Have a few people who love to work weekends to offset them.

I've handled this in bookstores, offices, restaurants, and regular retail. Little mom & pop places and big box retail. Just takes a few more minutes of your time. Makes for -much- happier workers. No one should have to stress about losing their job because they want to watch their kid play soccer on Saturday mornings.

Yeah, pretty much this.  Also, if you can't find a way to accomidate a request off... allow them to find someone to cover their shift.  Happens all the time.


and this is the case pretty much everywhere. but there are times where you just can't accommodate a request. I've been in retail over 25 years, you won't get black friday off and the weekend/week before Christmas nope you cant take vacation.  it amazes me ever year it is the same argument and I've even had Store manager think they could take the weekend after thanksgiving including black friday off.

you do your best to accommodate through the year but there are certain dates/times that the company takes priority over your desires.
 
2013-06-30 07:45:35 PM
"will betaken from your pay check at ABC's cost."
am I misunderstanding this? shouldn't the last phrase be, "at the employee's cost"?

"No outside Food or Beverages may be brought inside ABC."
... why?

"If you fail to show up for your scheduled shift we maypenalize you monetarily. "
in addition to losing the money I would have earned, you're going to fine me on top of that? no thanks.

"Any type of attitude will result in immediate termination. "
you know, like happy or cheerful or thoughtful?

"You must leave the premise immediately after your scheduled shift "
... why? maybe it's just me, but I usually like to stay after work for 15 minutes or so, tidying things up and closing loose ends

"ABC has the legal right and consent to inspect any and all packages "
nope. nope. nooooooope. not even a little bit.

"no facial hair is allowed (unless for religious beliefs). "
also no.

"distance must be given to all fellow employees "
that's ... just really bad management

"Holidays and Weekends are Mandatory "
wait, but facial hair is allowed for religious beliefs? you know, my parents make triple pay working on holidays. and even then, they're not required
 
2013-06-30 08:04:17 PM
These people are apparently unaware that a contract has to be legal to be valid. You can't legally take tips and it doesn't matter if the employee signed a contract that says you can. It's still illegal.


Endive Wombat: As a waiter, you need to be at the restaurant at least 15-30 min before your shift starts.  Sudden rushes happen, and grabbing an extra table or two before you are scheduled adds quite a bit to your take home pay over time.  Working in a restaurant is very dynamic.  Really, being 5 min early to your shift in my mind = 10+ min late.

A person's shift starts when it starts, not 5 or 15 minutes before. If I'm scheduled to work at 5:00, my shift starts at 5:00. You want me there at 4:30 or 4:45, schedule me for that time and start paying me at that time. That's how it works. You can't tell a person to come in a certain time but not start paying the person at that time.


DerAppie: They say you need to be ready to start working at least 5 minutes in advance. You don't actually need to start working 5 minutes in advance. That is quite a relevant difference.

No, it's not. You have to start paying an employee at the time you require him/her to be there. If you require someone to be there at 4:55, you have to start paying them at 4:55, not at 5:00.

TheDirtyNacho: A local beer co-op here has a no-tipping policy and pays a "living wage" (I think its around $11 an hour).  The nytimes had an op-ed about it last week.

Yes, but if someone does leave a tip, it has to go to the employees. Having a "no tipping" policy is not the same thing as confiscating tips.

/dad owned a restaurant
 
2013-06-30 08:22:42 PM

Phins: These people are apparently unaware that a contract has to be legal to be valid. You can't legally take tips and it doesn't matter if the employee signed a contract that says you can. It's still illegal.


Endive Wombat: As a waiter, you need to be at the restaurant at least 15-30 min before your shift starts.  Sudden rushes happen, and grabbing an extra table or two before you are scheduled adds quite a bit to your take home pay over time.  Working in a restaurant is very dynamic.  Really, being 5 min early to your shift in my mind = 10+ min late.

A person's shift starts when it starts, not 5 or 15 minutes before. If I'm scheduled to work at 5:00, my shift starts at 5:00. You want me there at 4:30 or 4:45, schedule me for that time and start paying me at that time. That's how it works. You can't tell a person to come in a certain time but not start paying the person at that time.


DerAppie: They say you need to be ready to start working at least 5 minutes in advance. You don't actually need to start working 5 minutes in advance. That is quite a relevant difference.

No, it's not. You have to start paying an employee at the time you require him/her to be there. If you require someone to be there at 4:55, you have to start paying them at 4:55, not at 5:00.

TheDirtyNacho: A local beer co-op here has a no-tipping policy and pays a "living wage" (I think its around $11 an hour).  The nytimes had an op-ed about it last week.

Yes, but if someone does leave a tip, it has to go to the employees. Having a "no tipping" policy is not the same thing as confiscating tips.

/dad owned a restaurant


I understand what they are trying to do with the 5 minutes before rule as i'm sure they've had wait staff walk in at 5:00 (assuming scheduled time) on the dot and then spend the next 5 minutes getting ready instead of working.

She has a lot of young workers maybe some that this is their first job and she might be hoping to teach them.  I do feel Amy is crazy but I can't see this place staying in business this long and still have folks wanted to work for them is she is truly that horrible of a person day in and day out. She has to have some good days.
 
2013-06-30 08:58:40 PM
Let's break the whole thing down.

1). No Cell Phones allowed while working.

People with families need to be able to be contacted.  A reasonable employer would only have an issue if an employee abused the privilege of having a cell phone.  Not allowing them at all is a dick move.

2). No outside Food or Beverages may be brought inside ABC.

If the employees eat in area away from the customers, where they got their food is none of your farking business.  In fact, if someone has religious or health requirements that your food does not satisfy, your rule violates a few laws.

3). If you fail to show up for your scheduled shift we may penalize you monetarily.

ILLEGAL!  You can not take someone's money.  They earned it.  Your choice is to warn them, give them unpaid time off as a punishment, or fire them.

4). When you show up for work you must be dressed appropriately, and properly covered. And you must be ready to work with your hair pulled back, and hands washed by no later than 5minutes before your scheduled shift begins.

They need to be ready to work WHEN THEIR SHIFT STARTS.  If you require them to be there earlier, you must pay them for that time.

5). Any type of attitude will result in immediate termination.

Void for vagueness.

6). You must leave the premise immediately after your scheduled shift, and no family or friends may come to see you while working.

Your restaurant, your rules, but this is a dick thing to do.

7). You must remain in your designated working area.

Another dick thing.  People are not robots.

8). No purses or bags are allowed inside ABC, (exceptions may be made) however upon leaving a designated employee of ABC has the legal right and consent to inspect any and all packages that you may have brought with you.

Banning bags and purses may not be legal.  Searching them is definitely not legal.

9). At no point is any food or any type of open beverage allowed in the kitchen. This is a direct Health Code Violation.

It's going to be hard to cook food when you don't allow any.  Also, standing over a hot stove all die will dehydrate.  Not allowing the cooks to drink is a safety hazard.

10). ABC has multiple security cameras and any type of theft will be punished by the fullest extent of the Law.

Duh.  That you would go out of your way to point this out suggests you expect the employees to rob you blind.  Probably because you are a vapid c00nt who should be robbed blind.

11). No visiting or unnecessary talking is allowed during your work shift. This causes distractions and results in loss of product. Any may result in possible harm to you, or to others.

Again, people are not robots.  Treating as such is a dick move.

12). Workers must keep their hair pulled back in a bun and no facial hair is allowed (unless for religious beliefs).

Being neatly groomed is standard in the industry.  However, given the quality of your restaurant, it shouldn't be a surprise that you need to emphasize this point since the only people who would work for you would have to be desperate to the point of being homeless.

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.

ILLEGAL!  You can not make employees pay for breakage.  Even if an employee broke something on purpose you have to take them to court and get a ruling in your favor.  You don't get to decide.

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. If such an event happens you must report the incident immediately to Samy or Amy Bouzaglo.

Does that apply to you, too?  Because if it does, you're going to have to fire yourself.

15) You must treat the equipment and all property of ABC with respect .Equipment should be cleaned and maintained nightly as part of your scheduled shifts responsibilities.

Why are you putting job duties in an employment contract like this?  This is standard restaurant shiat that anyone who's been in the business already knows and expects.  This shows what an amateur you are.

16) Holidays and Weekends are Mandatory, by signing this contract you are accepting that you will be required to work all Holidays, and Weekends. Due to the nature of our Industry this is a necessity and any No-Show will be monetarily penalized with a fee of $250.00.

ILLEGAL!  That's called theft.  You can not "fine" employees".  Your choices are a warning, unpaid time off, or firing.

17) The recipes and techniques that have been developed by Amy at ABC are exclusive and shall remain confidential. Any removal of recipes will be considered theft.

Yeah, because opening a box of canned ravioli is a ground breaking cooking technique.

18) You must possess a current Maricopa County Food Handlers Card.

Another standard that anyone who works in restaurants already knows.  You tell them this requirement before hiring and make them produce the document when you are processing their hiring paperwork.

19) The wait staff understands that any and all "tips" are property of the "house." By signing this contract, you agree that you willingly accept a payment of $8.00 to $12.00 per hour to ensure that you will receive some type of payment. Due to the volatile nature of any retail business we are unable to predict when we will have buissness.By signing this contact you agree that you are willfully accepting a payment of $___ per hour instead of tips.

ILLEGAL!  Again, this is called theft.  You can't touch their tips.

20) It takes a great deal of time, energy and patience on the part of Samy & Amy (the owners) to train and teach our employees. We are investing in you as a new employee, and we are paying you to teach you. By signing this contract you are hereby accepting that you will be employed exclusively by ABC Amy's Baking Co. LLC. And shall not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation, without prior authorization from ABC. Amy's Baking Co LLC. Nor shall you be allowed to open your own business of the same type, within the above mentioned radius.

The Federal courts would like a word with you.  Non-competes are not enforceable.
 
2013-06-30 09:16:09 PM

OgreMagi: Let's break the whole thing down.

1). No Cell Phones allowed while working.

People with families need to be able to be contacted.  A reasonable employer would only have an issue if an employee abused the privilege of having a cell phone.  Not allowing them at all is a dick move.


The can call the store phone, a lot of reasonable businesses have no cell phone rules.

2). No outside Food or Beverages may be brought inside ABC.

If the employees eat in area away from the customers, where they got their food is none of your farking business.  In fact, if someone has religious or health requirements that your food does not satisfy, your rule violates a few laws.


Is there a law that requires that the employee must remain on company property during meal breaks?

3). If you fail to show up for your scheduled shift we may penalize you monetarily.

ILLEGAL!  You can not take someone's money.  They earned it.  Your choice is to warn them, give them unpaid time off as a punishment, or fire them.

4). When you show up for work you must be dressed appropriately, and properly covered. And you must be ready to work with your hair pulled back, and hands washed by no later than 5minutes before your scheduled shift begins.

They need to be ready to work WHEN THEIR SHIFT STARTS.  If you require them to be there earlier, you must pay them for that time.

5). Any type of attitude will result in immediate termination.

Void for vagueness.


An Attitude can not be judged only behaviors and measurements (i'm sure other things)

6). You must leave the premise immediately after your scheduled shift, and no family or friends may come to see you while working.

Your restaurant, your rules, but this is a dick thing to do.

7). You must remain in your designated working area.

Another dick thing.  People are not robots.

agreed dick move for a restaurant, not like this is a warehouse or manufacturing plant

8). No purses or bags are allowed inside ABC, (exceptions may be made) however upon leaving a designated employee of ABC has the legal right and consent to inspect any and all packages that you may have brought with you.

Banning bags and purses may not be legal.  Searching them is definitely not legal.

This one actually might be quite legal if part of terms of a contract

9). At no point is any food or any type of open beverage allowed in the kitchen. This is a direct Health Code Violation.

It's going to be hard t ...
 
2013-06-30 09:17:05 PM

OgreMagi: Non-competes are not enforceable.


Slow down there big fella -- non-competes *are* enforceable. The state courts generally use "reasonableness" as the guiding principle.

/was under just such a restrictive covenant back in the days I was a 'puter weenie. It withstood the test of a court.
//Amy is being a dick (yeah, I know - Capt. Obvious)
 
2013-06-30 09:30:24 PM

HotnSweaty: OgreMagi: Non-competes are not enforceable.

Slow down there big fella -- non-competes *are* enforceable. The state courts generally use "reasonableness" as the guiding principle.

/was under just such a restrictive covenant back in the days I was a 'puter weenie. It withstood the test of a court.
//Amy is being a dick (yeah, I know - Capt. Obvious)


In the past, sure they were in some states.  Definitely not enforceable in California.  I pointed that out to my current employer when they hired me and it was in the contract.  They removed it.

It was my understanding that a Federal court ruled them unenforceable a few years ago.
 
2013-06-30 09:36:25 PM

HotnSweaty: OgreMagi: Non-competes are not enforceable.

Slow down there big fella -- non-competes *are* enforceable. The state courts generally use "reasonableness" as the guiding principle.

/was under just such a restrictive covenant back in the days I was a 'puter weenie. It withstood the test of a court.
//Amy is being a dick (yeah, I know - Capt. Obvious)


I also had a "non-compete" clause but it was in financial services and was limited to not having any contact with any clients of, or leads generated by, the previous employer (even if they were clients I signed on) for one year.
 
2013-06-30 09:48:24 PM

Phins: These people are apparently unaware that a contract has to be legal to be valid. You can't legally take tips and it doesn't matter if the employee signed a contract that says you can. It's still illegal.


Endive Wombat: As a waiter, you need to be at the restaurant at least 15-30 min before your shift starts.  Sudden rushes happen, and grabbing an extra table or two before you are scheduled adds quite a bit to your take home pay over time.  Working in a restaurant is very dynamic.  Really, being 5 min early to your shift in my mind = 10+ min late.

A person's shift starts when it starts, not 5 or 15 minutes before. If I'm scheduled to work at 5:00, my shift starts at 5:00. You want me there at 4:30 or 4:45, schedule me for that time and start paying me at that time. That's how it works. You can't tell a person to come in a certain time but not start paying the person at that time.


DerAppie: They say you need to be ready to start working at least 5 minutes in advance. You don't actually need to start working 5 minutes in advance. That is quite a relevant difference.

No, it's not. You have to start paying an employee at the time you require him/her to be there. If you require someone to be there at 4:55, you have to start paying them at 4:55, not at 5:00.

TheDirtyNacho: A local beer co-op here has a no-tipping policy and pays a "living wage" (I think its around $11 an hour).  The nytimes had an op-ed about it last week.

Yes, but if someone does leave a tip, it has to go to the employees. Having a "no tipping" policy is not the same thing as confiscating tips.

/dad owned a restaurant


There's no tip jars or tip line on the receipt. And if asked, they turn them down.

I suppose one could leave cash on the table, but who knows where it would end up. The employees are also member-owners so it would make sense to put it into the restaurant somehow if cash were found. Or hold it in a list and found just in case.
 
2013-06-30 09:49:19 PM

OgreMagi: In the past, sure they were in some states. Definitely not enforceable in California. I pointed that out to my current employer when they hired me and it was in the contract. They removed it.

It was my understanding that a Federal court ruled them unenforceable a few years ago.


CA does not allow for non-competes on employees and contractors; however, they still allow them for corps, LLC's and I think partnerships. The concept is if I sell you my business, you may require that I not go back and snipe your customers, protecting the integrity of the business that was sold, ergo a non-compete. AZ allows reasonable employee non-competes which obviously the one in question is not.

It's a state rather than a federal thing.
 
2013-06-30 09:49:28 PM

catmandu: HotnSweaty: OgreMagi: Non-competes are not enforceable.

Slow down there big fella -- non-competes *are* enforceable. The state courts generally use "reasonableness" as the guiding principle.

/was under just such a restrictive covenant back in the days I was a 'puter weenie. It withstood the test of a court.
//Amy is being a dick (yeah, I know - Capt. Obvious)

I also had a "non-compete" clause but it was in financial services and was limited to not having any contact with any clients of, or leads generated by, the previous employer (even if they were clients I signed on) for one year.


My non-compete is limited to trade secrets.  I work for Sony Computer Entertainment (Playstation).  I could go work for Microsoft Xbox and they couldn't stop me, but if I spilled inside information, they would own my skinny white ass in court.  No, I'm not going to go to Microsoft.  I'd rather be unemployed.
 
2013-06-30 09:56:07 PM
5). Any type of attitude will result in immediate termination.

Helpful attitude? Fired! Cheerful attitude? Fired. Good luck finding Zen Masters to dish up your slop.
 
2013-06-30 10:03:00 PM

OgreMagi: catmandu: HotnSweaty: OgreMagi: Non-competes are not enforceable.

Slow down there big fella -- non-competes *are* enforceable. The state courts generally use "reasonableness" as the guiding principle.

/was under just such a restrictive covenant back in the days I was a 'puter weenie. It withstood the test of a court.
//Amy is being a dick (yeah, I know - Capt. Obvious)

I also had a "non-compete" clause but it was in financial services and was limited to not having any contact with any clients of, or leads generated by, the previous employer (even if they were clients I signed on) for one year.

My non-compete is limited to trade secrets.  I work for Sony Computer Entertainment (Playstation).  I could go work for Microsoft Xbox and they couldn't stop me, but if I spilled inside information, they would own my skinny white ass in court.  No, I'm not going to go to Microsoft.  I'd rather be unemployed.


These are huge in the tire industry.  took a tour of a yokohama plant once and there were a few areas that were guarded and appeared to be "approved eyes only"
 
2013-06-30 10:03:24 PM

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.

if it is illegal, this is true...can't have contracts for anything that's illegal
 
2013-06-30 10:04:50 PM

fiveseven15: 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.
if it is illegal, this is true...can't have contracts for anything that's illegal


Hits
 
2013-06-30 10:18:25 PM

Endive Wombat: Waldo Pepper: ^^^^^^I'm sure is the first too complain when a retail store is short-handed due to weather issues, prom, holidays or if a store is closed for Easter/Christmas.

I worked at a very fine dining restaurant that did to go, fully prepared turkey dinners for Thanksgiving.  All the customer had to do was warm it back up, and it was delish!!!  We were closed for Thanksgiving, but open from like 7am to about 1pm.  The chef made breakfast and lunch for the staff, we were paid like $10 per hour (which really just went to our taxes)...and got to drink all the wine and beer we wanted all day long.  They only needed like 10 staff members to work this, and the 25 or so of us on staff had to fight it out so to speak on who got to work it.

So much fun!


It's amazing what you can get an employee to do if they're given proper incentive.
 
2013-06-30 10:20:54 PM
A couple violations of labor law, I think, but to be fair, I once got an application from Mrs. Field's Cookies that was worse.  It included clauses about binding arbitration and agreeing to settle any disputes (including if they pressed criminal charges against you in their home state (which was across the country) and attend trial there, at your expense or plead guilty.
 
2013-06-30 10:24:01 PM

HoratioGates: A couple violations of labor law, I think, but to be fair, I once got an application from Mrs. Field's Cookies that was worse.  It included clauses about binding arbitration and agreeing to settle any disputes (including if they pressed criminal charges against you in their home state (which was across the country) and attend trial there, at your expense or plead guilty.


if this was at the store level and your under 18 are any items in the contract/application binding?
 
2013-06-30 10:28:21 PM

The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?


Not if you have a separate break area.

Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.

Again, that's why you have a separate break area. Typically these are not within view of the customers. I actually did work for McDonald's for a spell back in college, and it wasn't unheard of for one of the employees to grab something from Subway while on break, though we weren't allowed to eat it in the main dining room.
 
2013-06-30 10:41:40 PM
lack of warmth:
The second half of rule 6 is stupid when rule 11 is enough.  However if ABC doesn't want the business of parents who may want to patronize their establishment so the parents' kid can wait on ole mom and dad, then that is ABC's loss.  My parents did that to me a few times, my boss never complained about the money.

Not taking ABC's side, but I'm pretty sure they meant that they don't want them coming to the business to interact with you without being a customer, i.e. taking you away from your job for socializing.
 
2013-06-30 10:41:48 PM

supayoda: The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?

Not if you have a separate break area.

Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.

Again, that's why you have a separate break area. Typically these are not within view of the customers. I actually did work for McDonald's for a spell back in college, and it wasn't unheard of for one of the employees to grab something from Subway while on break, though we weren't allowed to eat it in the main dining room.


you can't drink a pepsi in the breakroom at a coca-cola plant
 
2013-06-30 10:44:42 PM

Astorix: letrole: Businesses with a left-leaning ethos tend to have a dependence on cultish followings of fanboys who make purchasing decisions based on emotions. Apple, Ben and Jerry's, Starbucks. Left-leaning businesses also do better in service sectors where absolute quality is less important that perceived quality.

Businesses with a right-leaning ethos (aka 'businesses') mostly depend upon profitability in a competitive market, where purchasing decisions are made based upon value-for-money.

Oh for farks sake. Troll.


You noticed the Fark handle, right?
 
2013-06-30 11:21:57 PM

chitownmike: Brittabot: The Thoroughbred of Sin: I thought this was one of the more interesting bits:
2). No outside Food or Beverages may be brought inside ABC.

Want to pack a lunch?  NO FOOD FOR YOU!
how on earth is that rational at all?  I dont see how it can have any negative impact on a business to allow employees to eat their own food.

But then crazy Amy is crazy.

That's made even more appallingly unfair when you realize that ABC does not give any free or even discounted food to its employees. The waitress who answered questions on Reddit awhile back said any food they wanted to eat had to be purchased at full price.

So not only are the workers paid shiattily, they now have to take cost of their own meals into account as well.

Stay classy ABC!

Not saying it's right, they should get a discount, but waitstaff don't, typicly, work long shifts. Eat before you go to work.


When I was a student, in a previous century, I worked as a busboy in one of Montreal's best known restaurants. During our breaks we were allowed to order any item on the menu and help ourselves to the drinks fountain. It was all free.
 
2013-07-01 12:41:52 AM

mhuckins: Abox: 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.

That effin sucks. I've done the crazy shift thing while working as a supervisor when needed (like 2 nights every quarter) and it was horrible. I couldn't imagine doing it every week and for someone who didn't appreciate the hard work involved.


CSB time: Had one particular tech job where I worked 50-hour weeks as a supervisor-- on a salary where I did not get paid for overtime. Instead, I was given "comp" hours to use. Technically, this was not something my manager was supposed to do, and I was the only supervisor on the floor who did it (and only because I agreed to do it because I was being nice, she couldn't manage a schedule, and I planned to have a super long honeymoon). I also happened to be one of her best supervisors.

So then came the day I had jury duty... Jury duty would go from 8am-5pm. My shifts started at 8pm and ended at 7am the day before and after. I literally had to explain to her that it was not only impossible for me to work on that day due to not having had any sleep but that she was LEGALLY REQUIRED to give me the day off for jury duty. She disagreed, and that's the only time in my life I've ever had to go over someone's head. Thankfully the site manager was aware that jury duty isn't optional.

/This place had HORRIBLE turnover rates due to horrible upper middle management, and it cost the company dearly.
//They finally crumbled.
 
2013-07-01 12:50:39 AM

Waldo Pepper: supayoda: The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?

Not if you have a separate break area.

Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.

Again, that's why you have a separate break area. Typically these are not within view of the customers. I actually did work for McDonald's for a spell back in college, and it wasn't unheard of for one of the employees to grab something from Subway while on break, though we weren't allowed to eat it in the main dining room.

you can't drink a pepsi in the breakroom at a coca-cola plant


Good for Coca-Cola if that's the case, but I wasn't saying it's illegal or even unusual to have such a requirement. I was saying it's not unheard of for restaurants (which would be a completely different thing from a Coca-Cola plant) to allow their employees to eat outside food (even from competitors) within their break rooms. The previous person had mentioned McD's, and I've worked for McD's and simply stated that yes we would eat Subway sandwiches in the break room area. Also, most restaurants (including McD's) give their employees either reduced or free meals during their shifts.
 
2013-07-01 12:59:29 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.


That's pretty ridiculous.  That sort of thing is implied with some restaurant jobs yet the pay and hours makes it a ridiculous expection.  "Sorry you can't have more than 30 hours because of the new health care thing but you aren't allowed to work elsewhere in the same type of job."

Y'know, this isn't Intel.  The restaurant down the street isn't going to get some competitive advantage because they also employ your waitress.
 
2013-07-01 01:45:25 AM
You're commenting in a thread about Amy's Baking Company?

Hook. Line. Sinker.

By responding to this nonsense, you're promoting an upcoming "reality" show.
Nothing more.

Wow, talk about gullible...
 
2013-07-01 04:27:49 AM

Waldo Pepper: if this was at the store level and your under 18 are any items in the contract/application binding?


I have know idea.  I took a look at the application and decided not to apply.
 
2013-07-01 04:58:59 AM

Abox: Um...careful with that link.  When I went to it my Norton blocked a Fake AV download.


At least yours blocked it.
 
2013-07-01 05:32:11 AM
shall not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation, without prior authorization from ABC

what the hell
 
ZAZ [TotalFark]
2013-07-01 09:12:34 AM
You can't tell a person to come in a certain time but not start paying the person at that time.

If anybody wants to look up the exact tules, the federal law setting the endpoints of the paid work day is called the "portal to portal act."
 
2013-07-01 09:18:11 AM

lstywnch: 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.


Who needs samy to visit?  One look at her ugly ass mug and I'm running far far away...

Also, I'm surprised no one has pointed this out...

9). At no point is any food or any type of open beverage allowed in the kitchen. This is a direct Health Code Violation.

So, they can't have food period in the kitchen.  How then do they prepare food for the guests?  On the toilet?
 
2013-07-01 09:19:17 AM
 
2013-07-01 09:24:24 AM

supayoda: Waldo Pepper: supayoda: The Numbers: The Thoroughbred of Sin: I dont see how it can have any negative impact on a business to allow employees to eat their own food.

Risk of health-code violations?

Not if you have a separate break area.

Bad for the image? McDonalds would hardly be thrilled at their employees eating Burger King stuff on their premises.

Again, that's why you have a separate break area. Typically these are not within view of the customers. I actually did work for McDonald's for a spell back in college, and it wasn't unheard of for one of the employees to grab something from Subway while on break, though we weren't allowed to eat it in the main dining room.

you can't drink a pepsi in the breakroom at a coca-cola plant

Good for Coca-Cola if that's the case, but I wasn't saying it's illegal or even unusual to have such a requirement. I was saying it's not unheard of for restaurants (which would be a completely different thing from a Coca-Cola plant) to allow their employees to eat outside food (even from competitors) within their break rooms. The previous person had mentioned McD's, and I've worked for McD's and simply stated that yes we would eat Subway sandwiches in the break room area. Also, most restaurants (including McD's) give their employees either reduced or free meals during their shifts.


As a business owner do you really want an employee walking thru your dining area on their way to the breakroom with a bag of food with the competitors name splashed all over it?

Check to see if Sears allows their employees to bring in target or walmart bags even if it only contains their lunch from home.

Do any of ABC employees work a long enough shift to allow for a meal break?

Sami and Amy are nuts but most of these contract points are good business just stated in an assine way.  (if they are real)
 
2013-07-01 10:39:24 AM

Abox: Um...careful with that link.  When I went to it my Norton blocked a Fake AV download.


norton? are you serious?
 
2013-07-01 11:01:57 AM

JMan245: lstywnch: 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.

Who needs samy to visit?  One look at her ugly ass mug and I'm running far far away...

Also, I'm surprised no one has pointed this out...

9). At no point is any food or any type of open beverage allowed in the kitchen. This is a direct Health Code Violation.

So, they can't have food period in the kitchen.  How then do they prepare food for the guests?  On the toilet?


That's pretty standard and it is a health code violation for staff to eat in the kitchen or serving area. You usually have a family meal in the restaurant before you open or at some point during the shift when you eat on a break off to the side somewhere and keep a covered cup with a straw for water or soda that won't contaminate anything if it gets knocked over. (We actually never covered ours--we'd just dump it out if the inspector showed up.) I would not have a problem with that clause.
 
2013-07-01 01:36:38 PM

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...


Exactly that's how the place in my old town got busted  the place was a dump and never full but were making ALL kinds of cash. It was a huge red flag.
 
2013-07-01 03:00:11 PM

onzmadi: Exactly that's how the place in my old town got busted  the place was a dump and never full but were making ALL kinds of cash. It was a huge red flag.


I get a laugh out of the packet slingers getting carted off by DEA as the cops tow their 70,000.00 Escalade out of their mom's driveway, confiscate their jewelry and stacks of cash and scribble "unemployed" on the arrest sheet shouting, "How'd they know?  HOW'D THEY KNOW?"
 
2013-07-01 04:47:42 PM

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


How does one track the migratory habits of restaurant workers? Also, it's not like they're paying enough for a PT employee to live. Are they saying their PT staff can't work at another restaurant?
 
2013-07-01 04:52:50 PM

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

How does one track the migratory habits of restaurant workers? Also, it's not like they're paying enough for a PT employee to live. Are they saying their PT staff can't work at another restaurant?


There is something called a 365 no compete clause in some contracts, but it usually winds up with a big rubber dick up it's ass before it escalates to anything resembling viable litigation.
 
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