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dark_star_village468...
A question on minimum wage for waiters/waitresses?
im a waiter at a waffle house in arkansas, and im wanting to know that my being paid 2.65 is a LEGAL ammount to be paid due to the fact that the PRIMARY source of income is from tips. in easy terms, is it legal that im making 2.65 an hr with tips or is it illegal. and does this "bellow minimum wage for waiters/waitresses" apply TO ALL states?
Additional Details
granted the payment below minimum wage is different for states and for resturants but is it legal to be paid below the FEDERAL minimum wage with tips?
                     
 




jfrench4
Rating
it is legal... there should be something posted at your place of employment stating the different wages (serving wage 17 and under and above; other employment 17 and under and then above) each state has 2 different minimum wages set by that state... one for servers since they make tips it and one for other employment... i know in illinois you only make like $3.10/hr... but if you dont make equal to regular minimum wage including your tips then they have to compensate you... although that doesnt really happen.... ex: including tips only making 5.75 when 6.50 is the regular min wage then they (where you work) comensates you that .75


colonel pain
Rating
the way that the government tallies it is the addition of your tips to your hourly wage for the whole shift take that total divided by the hours you worked that shift to find your hourly for the day. as long as the average that you have for a 2 week time period with all tips included is over your states minimum wage mark then there is nothing wrong. so if the state minimum wage is $6.50 per hour then 6.50 x 8 = $52.00(6.50 - 2.65 = 3.85) (3.85 x 8 = 30.80) (2.65 x 8 = 21.20) so as long as you are averaging $30.80 in tips a day for a 2 week period you are making minimum wage and it is completely legal if it is not breaking that mark you might discuss a raise with your boss but if the other employees are doing fine at the same pay level you should check and see if they are doing things differently, or move to a non tip based job as employers dont like paying someone more money if the employee cant do their job as well as the other employees do.


Mel
Sorry to inform you but, it's legal. It's the same in Michigan and Indiana. I don't know about the other states though.


Papou
If you collect tips, your employer has to pay you the difference between your tips and $5.15/hour. In other words, between your tips and your wage, you must make at least the $5.15 per hour.


bbydeer4635
An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $5.15 per hour. An employer must pay at least $2.13 per hour. However, if an employee's tips combined with the employer's wage of $2.13 per hour do not equal the hourly minimum wage, the employer is required to make up the difference

In other words, yes it is legal AS LONG AS YOUR HOURLY WAGE + YOUR TIPS IS EQUAL TO, OR MORE THAN THE STATES MINIMUM WAGE. If it is not, than your employer must pay you the difference.


To live is to learn
Rating
Actually, each state varies. That does sound low though. But maybe it is in line with what the cost of living is there.


cassandras_evil_sister1
states set their own min wage, here in my state its 6.75-7.15, but the cost of living factors in. as for ur field, there may r laws that each state makes reguarding the service industry, those r base on the idea u will average out to the min wage in ur state with the tips added in, try it.
tips for a week / hours worked + min wage rate should = the min wage or more.

ex: $60 in tips fo the week / 25 hrs worked=2.40+2.65=5.05 per hr


Whatever
In all states it is okay to pay a waitress below min. wage because the tips "make up for it."


Ethylene
Rating
This is standard in the restaurant business. I do not know how thay get away with this, but they do. My mother was a waitress for 40 years and never made a wage above this amount. In fact, at the fancy french restaurant she worked at, and this was several years ago, she made 2.00 a DAY no matter what hours she put in, because at that time that is how things were structured. This was in Mississippi.
Most law people have no idea what waitpersons actually make (hence they are usually lousy tippers).
Check with your labor board. They will be the ones to make the final ruling on this matter.
Good luck!


Seán_18
Rating
The establishment should pay you a fair wage. You should not have to live off of tips and patrons should not be expected to supplement the business expenses (labor and benefits costs).

You work hard... You deserve a decent wage dude.


Holly Berry
Rating
it's not illegal...you are a tips employee and they expect you to make your income mainly through tips

a lot of places pay tips employees about $5.15 an hour though


ashleyrenee
Rating
ok, alot of you are saying 5.15 or 6.50? so what is it exactly?


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