Is my employer holding wages from me?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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