Is my employer holding wages from me?

UPDATED: Oct 1, 2022

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Is my employer holding wages from me?

I am a server and a few times a month my manager makes servers work a host shift when he’s short staffed. I come to work, clock in as a hostess which makes 8.15 an hour, work around 5-6 hours but I never receive a paycheck. My manage claims that my taxes from serving eat up what would be a paycheck from hosting. Is that true? I’m tired of feeling like I’m working for free.

Asked on March 20, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You employer is incorrect. Whatever taxes you pay from serving are on your wages/income as a server; they have nothing to do with your earnings for hostessing. The law (e.g. the Fair Labor Standards Act) is very clear: an hourly employee must be paid for *all* hours worked--you must be paid for you time spent hostessing. If he will not pay you, you could file a complaint with the state department of labor.

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 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.

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