What to do if sub-minimum wage servers are beig forced to pay a quarter of their tips to the kitchen above minimum wage employees?

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What to do if sub-minimum wage servers are beig forced to pay a quarter of their tips to the kitchen above minimum wage employees?

I was fired for coming to my manager and asking why I was forced to pay the cooks my tips when I’m only making $4.60 per hour. I was told the cooks make anywhere from $8 to $14 per hour. I had only made $30 and I gave him $5 for the cooks (and didn’t feel that was right anyway). I was there for 5.5 hours and had to clean the entire store spotless because business was dead making below minimum wage to scrub the whole place down. I want to know what actions I need to take to make this right.

Asked on June 3, 2012 under Employment Labor Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is my understanding that the minimum wage law in Colorado is $7.64, which is above the Federal Minimum Wage law.  SO you are realy under paid. However, under Colorado law you can receive a minimum wage of $4.62 an hour if the tips are credited against your pay and you get more than $30 a month in tips.  If the wages and the tips do not equal the minimum wage then the employer hsa to make up the difference.  Now for the last of it here: under Wage Order 28 in Colorado, if the employer requires tipped employees to share their tips with other employees who do not customarily and regularly receive tips (such as management or food preparers), the tip credit towards minimum wage is nullified. So I would contact the state department of Labor and file a complaint.  Good luck.



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