Can I be paid less than tipped minimum wage?

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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 10 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.


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