The waiters and waitresses are employees who earn tips as these make up a substantial part of their income. Federal law recognizes a worker earning tips as one who regularly and frequently receives more than US $ 30 a month in tips. Federal law and many states require that employers pay no waiters or waitresses less than a certain amount.
The Fair Labor Standards Act, which sets standards for pay federal minimum, requires employers to pay nonexempt employees at least $ 7.25 per hour at the time of publication. Non-exempt employees are not excluded from the requirements of overtime pay are eligible for overtime pay if they work more than 40 hours a week. At the time of this publication, an employer may pay the waiters and waitresses when direct wages by US $ 2.13 if that amount plus your tips amount to at least the federal minimum wage of $ 7.25. If it had not, the employer pays the employee the difference. An employee with tips to work more than 40 hours a week must receive overtime pay 150% of the standard hourly wage.
The state could follow the requirements of the lnjt for employees with tip or may have different provisions. Some states require a higher level than the federal law, in this case, the employer pays the employee a rate higher minimum wage or wages for more direct time. For example, employers in Colorado pay the waiters and waitresses direct hourly wages of US $ 4.34 at the time of publication, if this amount plus their tips at least equal to the minimum wage of US $$ 7 36 per hour, if you do not, the employer pays the employee the difference.
Federal law prohibits an employer from an employee’s tips and gratuities that all workers belong to them, unless there is a valid tip jar. A tip jar requires the employee to combine their tips with other workers and then divide the total among participating employees. The employee must retain at least the full minimum wage, you can not be asked to put their tips for calculating the minimum wage in the tip jar.
An employer can take a commission against the tip of the employee to bring their income up to at least the federal minimum wage. At the time of publication, federal law allows a credit of up to US $ 5.12, which when added to direct wages for time equals US $ 2.13 federal minimum wage of $ 7.25 an hour. The employer must follow the rules to take credit before doing so. Many states have laws credit tips. If the state has no laws generally it requires the employer to pay the employee at least the required minimum cash wage.
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