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Find out more about the tipped wage attorneys below
Your tips
If you are a tipped employee, be aware that there are rules that your employer must abide by. See More below.
Tipped Employees Across America
Know your rights
Lots of hardworking employees receive tips as part of their compensation, often receiving more in tips from their customers than they do from their employers. If an employer follows the law, it can claim a certain portion of the tips a tipped employee receives against the wages it must pay its employees. This is known as the “tip credit.” Under federal law, currently an employer can claim up to $5.12 per hour against the wages it is required to pay its employees. This means that an employer is permitted to pay a tipped employee, such as a server or a bartender, as little as $2.13 an hour. Of course, an employer cannot simply elect to use the tip credit to pay a tipped employee as little as possible and not follow certain rules. Unfortunately, employers often try to cheat their employees of wages even when they are already only paying them $2.13 an hour.
COMMON WAGE VIOLATIONS
HERE ARE SOME VIOLATIONS COMMITTED BY RESTAURANTS
Sharing your tips with a manager
Tips belong to the employee. A manager or owner cannot take your tips for their own wages.
Paying for Broken Plates and Walked Tabs
An employer cannot pass down their overhead cost to you. Therefore, an employer cannot deduct broken plates or walked tabs from your wages.
Getting paid overtime at less than $5.76 per hour
The MAXIMUM tip credit is $5.12, therefore the MINIMUM overtime that an employer can pay is $5.76. That is because overtime is 1.5 times your hourly rate (1.5 x $7.25= $10.88; $10.88-5.12 = $5.76). Make sure your pay stubs show overtime paid at a rate of $5.76 or higher.
Not getting paid for all hours worked
You cannot be asked to clock out and continue working or start working. This violation occurs when an employer asks their employees to clock out when the store closes (or prior to it opening) and work off the clock. This is illegal.
Sharing your tips with Kitchen Staff
As a tipped employee, you cannot be asked to subsidize the wages of non-tipped employees such as kitchen cooks and dishwashers who do not customarily and regularly interact with customers.
Not getting full minimum wage for non-tipped related duties
If you work for a substantial amount of time (20% or more) doing non-tipped related duties such as cleaning or rolling silverware, you may be entitled to the full minimum wage of at least $7.25 from your employer during this time.
Tipped Employee Wages
Worried about stolen tips?
If you think your employer is not following the law, feel free to contact us. We can provide you with a free consultation. Here are a few things that can speed up the process.
Gather your pay stubs
Your pay stubs can provide insite into how your employer pays you and how many hours you work. It can be useful in proving your claims and how much you may be owed.
Collect your tip out reports
Your tip out reports should show how much you are tipping out and provide information regarding tips paid for purposes of calculating how much you may be owed.
Don’t have any documents?
Do not worry if you are missing documents. We can often assist you even if you have incomplete or no pay records on hand.
Waiter’s Lawyers
Sosa-Morris Neuman has represented waiters across the country in recovering their unpaid wages. Contact us for a free consultation.
Beatriz Sosa-Morris
Attorney
281-885-8844 ext. 101
John Neuman
Attorney
281-885-8844 ext. 102
The information on this website is not, nor should it be, construed as legal advice for any reason, individual, or legal matter. The information on this website is for general and educational purposes only. The information on this website is not intended to create an attorney-client relationship. All cases and legal matters are different. If you have a legal question, contact us for a free and confidential case evaluation. Principal office in Houston Texas.
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