Can I be paid less than tipped minimum wage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be paid less than tipped minimum wage?

I am a waitress went through a 2 week training process where I was unpaid. At the end of my 2 weeks I was put on payroll. I worked 7 days and we got paid on the 15th. I worked 41 hours. I only made $129.15 before taxes. That comes down to 3.15 an hour. A dollar and some change lower than FL’s tipped minimum wage. When I asked about it, I was told it was because of how many hours I worked and because of the tips I made. I made $168.10 in tips. Please explain if I am being ripped off.

Asked on June 18, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It appears that you may be being "ripped off" as you put it. I believe that in Florida, the minimum wage, even allowing for the tip credit, which an employee can be paid is $4.65 per hour; furthermore, from what you write, one of your hours (hour 41 for that workweek) should have been at time and a half (overtime). Based on what you have written, it would worthwhile for you to contact the Florida labor department.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption