2006-12-31 12:47:26 · 5 answers · asked by LoneStarLou 5 in Business & Finance ➔ Careers & Employment
The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $5.15 per hour for covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.
Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions which provides the greater benefits.
2006-12-31 12:52:39 · answer #1 · answered by mizz_milk06 4 · 3⤊ 0⤋
Actually, waitstaff have to be paid minimum wage. What the law does is to allow part of the minimum wage be met with tips. If the per hour wage combined with tips is less than minimum wage than the employer is required to make up the difference.
2006-12-31 12:51:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A few people have mentioned Federal minimum wage. If your states minimum wage is higher than the minimum Federal wage, then the least you should be getting is your States min wage.
For ex:
In Cali, min wage is $6.75. Tips CANNOT be used by an employer to make up for the min wage amount if they only wanna pay say $3.50 an hr. A person CANNOT be paid any less than $6.75 an hr except for a certain amount of training hours (cant remember how many).
I suggest you check you States Fair housing and Labor laws for the right answers.
2006-12-31 12:58:26 · answer #3 · answered by JC 7 · 1⤊ 0⤋
This law is part of the minimum wage law... it takes into account the fact that waitstaff earns tips... and they base an average on this. Makes you respect your waiter/waitress even more. I do not work in this field, but I realize that part of their salary is dependent on me... Therefore, I tip reasonably. We should all remember this.
2006-12-31 12:50:39 · answer #4 · answered by pagliinaz 2 · 0⤊ 0⤋
All waitress jobs I had paid under min. wage plus tips.It's very rare you will find a waitress or waiter job for min.wage plus tips.
2006-12-31 14:45:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋