Restaurant and tipped workers have unique laws that apply to their employment. Typically, these types of employees are paid a base wage and expected to make up the difference in tips from patrons. If you are a restaurant or tipped worker, you need to understand your rights when it comes to fair labor standards.
Per federal law, your employer must pay you a legal wage and cannot ask for a portion of your tips. A Tampa restaurant and tipped worker wage dispute lawyer at Feldman Legal Group can help you by pursuing back pay or assisting with other employment issues. Contact our office to discuss your case with one of our proactive wage and hour attorneys.
Florida’s Laws for Tipped Employees
Per state and federal law, employers must pay their workers a minimum wage. In Florida, the minimum wage is higher than the federal minimum. As such, it applies to all employees, including restaurant and tipped workers in Tampa. For tipped employees, the employer may pay a reduced wage. Someone working for tips should receive a base pay of at least $5.23 per hour, and then the employee’s tips should raise their hourly to the state minimum wage of $8.25 per hour. If the worker does not earn enough in tips, the employer must make it up in their next paycheck.
Common Wage and Hour Violations for Tipped Workers
In the service industry, wage and hour violations are incredibly common. Restaurant work is fast-paced and customer-focused, so employees are encouraged to cut corners to benefit the business. However, when employers encourage wage and hour violations, it is harmful to the workers. Some common examples of violations in the service industry include:
Encouraging Employees to Work Off the Clock
If an employer encourages workers to work hours they are not being paid for, it is a violation. A tipped worker’s paycheck should reflect the hours worked.
Improper Sharing of Tips
Tips may only be shared with other tipped employees—such as servers, bartenders, valets, and delivery drivers. Employees who do not work with customers are not entitled to tips.
Over Deductions for Credit Card Tips
Employers can deduct credit card processing fees from a tipped worker’s pay but cannot take more than the fee.
Break and Meal Violations
Deducting time for an employee’s meal or rest breaks while asking them to work is unlawful.
Withholding of Wages
Employers are required to pay employees their wages on the date they are customarily due. The employer cannot withhold the last paycheck absent extraordinary circumstances. Employees who do not receive their last paycheck are entitled to recover the amount.
Overtime Violations
Tipped employees are also entitled to overtime pay at one-and-a-half times the full minimum wage.
Employers must follow wage and hour standards for all their workers. If you are a restaurant employee or tipped worker subject to adverse labor practices, contact our Tampa employment lawyer, Mitchell Feldman, for legal assistance.
Contact a Tampa Restaurant and Tipped Worker Wage Dispute Attorney
If you are a restaurant employee or someone who works for tips and have concerns about your employer’s labor practices, talk to one of our qualified attorneys. Our Tampa restaurant and tipped worker wage dispute lawyer has helped clients obtain back pay and expose unfair employment practices.
Simply because you work for tips does not mean federal and state employment laws do not apply. If you have questions about your case, schedule a confidential consultation with Feldman Legal Group today.