If I work at a pizzeria and am getting $5 an hour because supposedly I’m a tipped driver, shouldn’t I still be getting paid minimum wage if I’m really a dishwasher?

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If I work at a pizzeria and am getting $5 an hour because supposedly I’m a tipped driver, shouldn’t I still be getting paid minimum wage if I’m really a dishwasher?

I don’t have any delivery’s to take but they still give me $5 an hour to wash dishes.

Asked on April 17, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes; only employees who are actually in tippable positions  (e.g. pizza delivery driver, waiter, bartender) may be paid less than minimum wage (currently $7.25) by their employers--and they may only be paid less than minimum wage if the employees in fact receive sufficient tips so that the combination of wages and tips means that the employees are earning more than minimum wage.  If you are not in a tipped position, or if your job title is for a tipped position but the nature of your duties is such that you do not in fact get tips, you must be paid at least minimum wage. If your employer is paying you only $5 per  hour, it is violating labor law, such as the Fair Labor Standards Act (FLSA). You may be entitled to back pay for all the pay you should have received (i.e. the difference between what you would have earned at minimum wage and what you were paid), as well as additional compensation; you should either contact your state department of labor or speak with an employment law attorney.


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