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Re:Instacart paying 80 cents an hour because worker received... by loeg on Wednesday January 30, 2019 @12:35AM (#19032957)
I think you're confused.

You're describing "server wage" laws, in which employers are free to steal tips up to the difference between real minimum wage and server wage per hour. In effect, servers in these states make above minimum wage during peak times and at most minimum wage off-peak. But they have to work off-peak or they don't get scheduled for peak hours.

In WA, this form of wage theft is illegal. Your statement, "minimum wage for servers is lower than for untipped workers" is false in Washington state, which is where the wage theft in TFA took place.

Re:Instacart paying 80 cents an hour because worker received... by Buge on Wednesday January 30, 2019 @02:11AM (#19033283)
I don't see how my previous comment was confused. It was drawing a distinction between "server wage" and what Instacart is doing.

I never claimed "server wage" laws apply to this situation.

Also, the term "wage theft" seems like it doesn't apply to "server wage", because "server wage" is a construct specifically created by the law, whereas wage theft is something that's illegal.