Wage Requirements for Restaurant Workers
Minimum Wage Requirements for Tipped Workers
The Fair Labor Standards Act requires employers to pay their workers at least the federally-mandated minimum wage, currently set at $7.25 per hour. In some states, restaurants and other tipping establishments are allowed to pay their tipped employees a lower hourly wage of $2.13 per hour, since tips from customers are counted as wages. However, if the employee makes less than the minimum required wage after combining hourly wages and tips, the employer is responsible for paying the difference.
The FLSA includes a range of stipulations regarding fair wages tipped employees, such as:
- If a tipped employee earns less than minimum federal wage after tips and hourly wages are combined, the employer must pay the difference so that the worker makes at least minimum wage.
- If an employee works in both a tipping and a non-tipping position, the employer must pay the worker the federal minimum wage for the hours worked in the non-tipping position.
- Tips are the sole property of the tipped employee. If the employer claims any part of the tip, they may not claim tip credit and are entitled to pay employees the full minimum federal wage.
- If a restaurant adds a compulsory service charge to a bill but the worker receives no tips, the employer must pay the worker the federal minimum wage.
Unfortunately, some employers try to cheat their workers and refuse to pay them the wages they are rightfully owed. In these cases, workers have the right to seek legal assistance to help pursue the wages they are rightfully owed and make sure the employer abides by federal laws.
To learn more about fair wages for tipped workers, visit the website of the Austin wage dispute lawyers at Melton & Kumler, LLP.
James Witherspoon
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