Tipped Employees Are Protected
by the Minimum Wage and Overtime Laws!
- Minimum Wage Rights for Tipped Employees: Tipped employees are protected by minimum wage and overtime laws, ensuring fair compensation.
- Tip Theft and Wage Violations: Employers must follow legal requirements if they want to use a tip credit and pay tipped employees below the full minimum wage.
- Legal Protections and Tip Credit: Under federal and Florida law, employers may apply a “tip credit” of up to $3.02 below the full minimum wage if an employee’s tips make up the difference, the employee is permitted to retain all tips or share them only with other eligible tipped employees, and provided employers inform them properly.
- Claiming Damages: If employers fail to meet tip credit requirements, employees may be able to claim double the amount of unpaid wages and unlawfully retained tips for potentially the past three to five years, depending on federal, Florida law, or other state laws.
- Get Legal Help: If you believe your wage rights have been violated, you can contact a wage attorney at Bober & Bober, P.A. at 800-995-9243 or complete an online form by clicking here.
Your Legal Rights: What You Need to Know
Navigating the complex landscape of employment law can be overwhelming, but understanding your legal rights is essential. Here are some key protections and entitlements for tipped employees in the restaurant industry:
- Minimum Wage and Overtime Protections: Tipped employees are entitled to the federal or state minimum wage and overtime pay. Employers may apply a “tip credit” under specific conditions, but this cannot reduce your wage below the legal minimum unless the employer properly informs you of the required tip credit information.
- Protection Against Tip Theft: Your employer cannot withhold your tips or require you to share them with management or ineligible staff. Tip theft, including improper tip pooling, is illegal, and you may be entitled to reclaim unlawfully retained tips.
- Recovering Unpaid Wages: If your employer does not meet the legal requirements for tip credits or fails to cover the difference on low-tip days, you may have the right to recover double the amount owed and claim wages for the past three or five years.
- Side Work Regulations: Your employer must pay the full minimum wage for non-tipped side work that exceeds 20% of your workweek. Failure to do so may entitle you to compensation.
- Consulting with Legal Professionals: If you believe your rights have been violated, contacting an experienced attorney can help you understand your options for wage recovery. At Bober & Bober, we provide free case evaluations. We won’t contact your employer unless you choose to pursue legal action with us.
Understanding and exercising your legal rights is the first step toward fair treatment and compensation. Don’t hesitate to reach out and ensure you’re receiving the wages and protections you may be entitled to under the law.
Why Choose Bober & Bober?
At Bober & Bober, we help workers understand their rights and take action against unfair treatment. Here’s what sets us apart from other law firms:
Expertise in Wage and Employment Law
Samara and Peter Bober, are highly experienced attorneys with decades of expertise in wage theft cases in the restaurant industry. We understand the numerous laws that protect tipped workers. We are here to help you understand your legal options.
Free Case Evaluation
Unsure if you have a case? We offer a free, confidential consultation where we review your situation and determine if we can help you. We will not contact your employer unless you hire us to represent you.
Personalized Attention
Every case is unique. We take the time to understand your specific situation and tailor our legal strategy to meet the needs of the case. We prioritize responsive communication and personal support throughout the process.
No Fees or Costs Unless We Recover Money for You
If we’re able to take your wage case, we’ll take it on a contingency fee basis, meaning you won’t pay us anything for our fees or costs that we incur for litigating your case unless we recover damages from your employer for you.