Some employers try to deduct money from employee wages to cover their overhead, which the employer should be responsible for paying. For example, a business may try to deduct money from a server’s tips for such expenses as uniforms, register shortages, walk-outs, returned food, broken plates, or damaged property. If such deductions cause a worker’s hourly wage to fall below the applicable minimum wage, the deduction may be illegal. These improper deductions often occur in the hospitality industry where restaurant workers (i.e. waiters, servers, bartenders, busboys, food runners) are paid at or below the minimum wage for each hour worked. In those situations involving hospitality employees, any deduction may be an illegal deduction, in violation of the Fair Labor Standards Act (FLSA) and the Florida minimum wage law. If your employer has been making questionable deductions from your pay or your tips, contact a wage and hour lawyer at Bober & Bober, P.A. at 800-995-WAGE for a free consultation.
Archive for the ‘Tipped Employees’ Category
Illegal Deductions from Employee Wages
Tuesday, January 10th, 2012Florida Minimum Wage Increases to $7.67
Tuesday, January 10th, 2012On January 1, 2012, the Florida minimum wage increased by 36 cents to $7.67 per hour. In 2011, the Florida minimum wage was $7.25 until June 2011 when it increased to $7.31. The 2012 increase is equivalent to an extra $14.40 per week for an employee who works 40 hours and earns the minimum wage. For tipped employees, the current Florida minimum wage requires employers to pay tipped employees an hourly direct wage of $4.65. The federal minimum wage remains at $7.25. According Bureau of Labor Statistics, as of 2010, there were 253,000 Florida workers earning at or below the minimum wage. If you were not paid the minimum wage, call the attorneys at Bober & Bober, P.A. at 800-995-WAGE for a free consultation.
Case Alleges Illegal Tip Pool at Sonny’s Real Pit Bar-B-Q
Thursday, November 11th, 2010A former server at South Florida Barbeque, Inc., doing business as Sonny’s Real Pit Bar-B-Q, has filed a case in court seeking to bring a class action for alleged tip theft. Like many restaurants, Sonny’s takes a “tip credit,” and pays its servers $3.02 less than the Florida minimum wage. The server in that case claims Sonny’s maintained an illegal tip pool by using server tips to supplement the wages of non-tipped employees such as dishwashers, salad preparers, and managers who are not allowed to share in server tips. The server seeks to recover, on behalf of herself and others, $3.02 for each hour worked by each server, plus an equal amount in liquidated (double) damages.
Bober & Bober, P.A. is litigating this case on a contingency fee basis and will be paid attorney’s fee only if the servers recover money from Sonny’s. If you are concerned about being involved in this case, please be aware that the law prohibits employers from retaliating against individuals seeking unpaid minimum wages. If you have information that would assist us in the investigation of these claims, please contact us. For more information about the Sonny’s lawsuit, contact Bober & Bober, P.A. toll free at 800-995-WAGE (9243), or visit our contact page at www.boberlaw.com.