If the waitress is working in a restaurant that is subject to federal law (the Fair Labor Standards Act, or FLSA, is the federal law that sets minimum wage and overtime standards), then $5.15 per hour is the current minimum wage and that's what the employer has to make sure the waitress gets. HOWEVER, the employer is allowed to take credit for tips received and apply it to the $5.15, so that the he is only responsible for paying out $2.13 per hour in cash (the rest of it is assumed to be from tips kept by the waitress). However, if the waitress doesn't make enough in tips to reach $5.15, the employer is responsible for paying whatever is necessary to ensure that she gets at least $5.15 per hour. Bottom line, the employer has to make sure that tips + cash wage from employer = $5.15 per hour or more, and the cash part can't be any less than $2.13 per hour even if the waitress earns 10x that in tips.
However, some states don't allow employers to take a tip credit at all. If Michigan is a state like that, then the employer would have to pay the whole minimum wage out in cash wages. You can check with your state labor board/department, or the Lieutenant Governor's office - both numbers should be in your local phone book under the blue (government) pages.
For more information on the FLSA and tip credit, you can call the US Department of Labor at 1-866-4US-WAGE or go online to www.dol.gov, or look at Title 29, United States Code of Federal Regulations, Part 531.
Hope this helps.
2007-01-23 04:51:56
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answer #1
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answered by Poopy 6
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Large employer, 6.15. Small employer, 5.25. My duaghter waitressed and got the 5.25 an hour. But with her tips she made an average of 10$ as hour. This was a small neighborhood cafe. Waitressing pays better then Burger King, ect, usually, becuase of the potential for tips.
2016-03-18 00:24:16
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answer #2
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answered by Anonymous
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