Is it illegal for an employer to not pay adult minimum wage to someone who is 18 years old who works in s Subway Resaurant?

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Is it illegal for an employer to not pay adult minimum wage to someone who is 18 years old who works in s Subway Resaurant?

My daughter turned 18 in April, but Subway refuses to pay her adult minimum wage. She is only making $5.90 an hour. Is this illegal, and can she be compensated for the time she has not been paid the correct wage?

Asked on June 25, 2009 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Does she receive tips? Minimum wage laws have exceptions that allow the employer to pay less than minimum wage if the employees receive tips.

Of course, if "technically" employees can receive tips (there's a tip cup) but the amount is trivial (if anything), your daughter could probably right the policy, but the cost and headache of doing so may outway what she'd win--she'd have to prove that the tips are illusory. Probably better to try to change work to either a restaurant, like McDonalds, that does not allow tips (so they'll pay minimum) or to a restaurant, like a diner, where she can make real tips.


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