Is it legal to pay a waitress less tan miminum wage?
Find answers to your legal question.
Is it legal to pay a waitress less tan miminum wage?
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michr
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in some (not all) states YES it is legal......
employees who are tipped must make at least minimum wage for every hour they work.......
in some states the employer is allowed to pay a lower wage and claim a "tip credit" for the difference. the wage the employer pays and the reported tips added together must total at least the minimum wage, if the employee's tips do not bring the total wage to at least minimum then the employer must make up the difference.
the federal minimum is $2.13 (a credit of $4.42) but many of the states that allow a tip credit don't allow this much of a credit to be taken by the employer. |
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Attorney
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There is two different minimum wages.. one for those that get tips and one for those who do not.
Federal Minimum Wage:
$6.55 per hour effective July 24, 2008
$7.25 per hour effective July 24, 2009
The trick is that Tipped employees may be paid $2.13 per hour; HOWEVER if an employee’s tips combined with cash wage does not equal the applicable minimum wage, the employer must make up the difference
Some states have higher minimum wage standards but they cannot go below federal minium wage.. |
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Holly R
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Absolutely. According to the Fair Labor Standards Act, a tipped employee is not subject to minimum wage laws. It is assumed that the tips will bring the employee to at least minimum wage on an average hourly basis. IF you are not tipped, then the minimum wage law applies (Subway for example). The key here is that the employer must tell you that you are in fact going to be a tipped employee. I believe the current minimum wage for a tipped employee is $2.13 an hour. |
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Big Breezy
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I don't think so you might be working in a corrupt place you should look that up... this answer might help though
http://answers.yahoo.com/question/index;_ylt=Aif1OyH197HQT4SAHMDpdXDsy6IX;_ylv=3?qid=20090307132957AAn1zO3 |
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ajb147
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i am not a lawer but i would say no becasue they have miminum wage so people can stay afloat. Call the police department and ask or something if you wanna find out. |
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Kyle
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Hell no!!! |
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