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Tipped Employees are Protected by the Minimum Wage and Overtime Laws!If you are a tipped employee, and your employer pays you less than $5.15 per hour (or the Florida minimum wage of $6.67 for Florida workers), please read this article. Many employers incorrectly think they can automatically pay tipped employees below the federal minimum wage of $5.15 per hour (or $6.67 for Florida workers). Our law office handles many cases involving the restaurant industry where employees are paid anywhere from $2.13 to $3.65 per hour. Even customarily tipped employees—waiters, waitresses, bartenders, busboys, food runners—are entitled to legal protection. Federal law provides that tipped employees may be paid an hourly rate of only $2.13. Thus, the employer receives a "tip credit" for the $3.02 difference between the employee's actual hourly wage and the federal minimum wage of $5.15 per hour. But, before an employer can pay you below $5.15 per hour (or $6,67 for Florida workers), the employer must first meet certain conditions. If the employer does not first satisfy these conditions, the “tip credit” is invalid and you may be entitled to money. One mistake employers commonly make, invalidating the “tip credit” is that employers do not properly inform their employees about taking a “tip credit,” before they start deducting $3.02 from all work hours. To properly inform their employees, an employer must adequately explain the “tip credit” concept; if your employer did not explain the tip “credit,” you may entitled to $3.02 for each hour improperly paid. Click the link to complete the on-line questionnaire, and an attorney will promptly contact you to discuss whether you were unlawfully denied your wages. Many employers fail to adequately inform employees about the tip credit, thereby entitling some tipped employees to up to double the amount of wages deducted for the “tip credit” for two or sometimes three years. Contact us now, so we can discuss your unique situation! A second mistake employers commonly make which invalidates the “tip credit” is that employers create an improper “tip pool” for their tipped employees. For example, restaurant owners cannot “pocket” a portion of their employees’ hard earned tips. An employer also cannot force tipped employees to share their tips with managerial or other employees who do not customarily receive tips (i.e. cooks, manager, owner, office workers). If you are being required to share your tips with people who do not customarily receive them, the “tip credit” may be invalid, and you may be entitled to the federal minimum wage of $5.15 per hour (or $6.67 for Florida workers), whichever is higher for the past two to three years. You also may be entitled to up to double the amount of your unpaid wages plus attorneys’ fess and costs. Click our questionnaire, give us your contact information, and our attorneys will contact you promptly for a free, personalized case evaluation. We do not charge any fees or costs if we are able to represent you. Call Today: |
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