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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.



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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption