If my hourly wage hasn’t gone up since I started working in 2007, is this legal?

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If my hourly wage hasn’t gone up since I started working in 2007, is this legal?

I have been earning $4.50 per hour plus tips since 2007. I work in a restaurant and no one seems to know if my wage was suppose to go up or not.

Asked on December 7, 2010 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Right now, minimum wage is $7.25 per hour. As long as the combination of your base pay plus what you earn in tips brings your effectively hourly wage up to at least the equivalent of $7.25 per hour, it is legal: restaurants may reduce their workers' hourly wages by taking advantage of a "tip credit." So, say you work 40 hours per week. You need to earn at least $290 per week to make minimum. Your wages are $180 per week. As long as you make another $110 per week, what your employer is doing is correct. If you earn less than $290 total in a  40 hour week, the employer would need to pay you a bit more to bring you up to that threshhold.


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