Furthermore, tipped employees are the only ones who can take part in a “tip pool.” When non-tipped employees, such as chefs and managers, take money from the tip pool, the tipped employees’ wages may fall beneath the minimum wage.įor example, assume a waitress in Florida makes $5.03 per hour. When tipped employees do not make at least the minimum wage between their tips and hourly rates, they are entitled to “minimum wage makeup” on their paychecks.
Tipped employees such as waiters, busboys, and bartenders can be paid this tipped minimum wage as long as they receive at least the minimum wage when the money they earn in tips is taken into account. The federal and Florida tipped minimum wages are $2.13 and $5.03 per hour, respectively. The employer fails to meet the tipped minimum wage Below are examples of common violations our attorneys see in their wage and hour practice. There are a number of ways your employer can cheat you out of the minimum wage and, in some cases, you may not even realize that your employer is doing something wrong. While each case is different, our wage and hour attorneys have recovered millions on behalf of workers who were denied proper pay. Our attorneys may be able to help you file a lawsuit to recover compensation for your unpaid wages. If you did not receive minimum wage for all hours worked, contact Morgan & Morgan today using the form on this page. Our attorneys often handle cases on behalf of employees who worked “off the clock,” tipped workers who didn’t earn the minimum wage between their tips and hourly rates, and day-rate workers who were cheated out of proper pay. Under the Fair Labor Standards Act (FLSA), all employees must be paid at least the federal minimum wage of $7.25 per hour however, some employers may mistakenly or intentionally pay their workers less than minimum wage. At Morgan & Morgan, our lawyers help workers who were paid less than minimum wage file lawsuits against their employers to recover compensation for unpaid wages.
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