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my friend took a job he is a driver and a cook and he is making under mimium wage under 5.15 per hour can they do this? he making 4.50 per hour can they do this? What can tell him to do how do I tell him go about going out to file a complaint?

2007-02-12 12:33:51 · 7 answers · asked by Anonymous in Business & Finance Careers & Employment

7 answers

Because your friend is working in a restauraunt, they don't have to pay your friend the minimum wage because he is also taking in tips from the patrons of the restaurant. Hopefully, tips should more than make up the difference.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.

2007-02-12 12:51:09 · answer #1 · answered by Karats 4 · 1 0

You can go to the Department of Labor, Licensing and Regulations. This is listed in your phone book under State Government. If you can't find the listing, call the State Information number that is listed. I know that servers in restaurants and buffets make under minimum wage. The government says the tips these people make will add up to more than minimum wage. Go Figure.

2007-02-12 12:44:41 · answer #2 · answered by Gertie 1 · 0 0

I'm with the other guy, first thing you do is quit. I think some states have training wages which expire after training is completed. there may also be a minors wage for people under the age of 18. The fact that he is still working tells me that labor laws are ineffective and burdensome, maybe some people should be allowed to work for less, if they are willing. The reason that the gov. wants us to make more is so they get more payroll tax. plain and simple, more for them, not us.

2007-02-12 12:46:50 · answer #3 · answered by Rob C. 2 · 0 0

Every employer is required to have a poster in the place of employment (typically found in the employee breakroom). This poster will have the phone number to log a complaint.

However, there are many restrictions and caveats to the laws and certain positions are exempt from the minimum wage laws.

If you still cannot find it, go to your state's web site and find the information you need.

2007-02-12 12:42:06 · answer #4 · answered by Jodi F 2 · 1 0

She can request. But the employer might be more inclined to fire her, depending on what CA law is (does it punish businesses for hiring illegals, or does it only punish the illegal immigrants?) If it punishes the business, then they might either pay her the wage, or fire her. The point is, this is irrelevant to minimum wage law, and is more relevant to the laws on such hiring. This isn't as much a "hey, pay me minimum wage or I'll get you in trouble for the wages," as much as it is "pay me X arbitrary amount (irrelevant to minimum wage laws) or I will inform authorities you are paying me in the first place. They might call her bluff, on the basis that they get fined and she may get jailed.

2016-05-24 03:08:25 · answer #5 · answered by Anonymous · 0 0

if he is getting tipped he can get paid under minimum wage, but if he is cooking for 4.50 then that is illegal go to www.dol.gov

2007-02-12 12:38:14 · answer #6 · answered by piggylover_850 4 · 0 0

Why doesn't he just get a new job.

2007-02-12 12:38:15 · answer #7 · answered by johnnyacura5 2 · 0 0

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