Wage On! Potential Wage Increase For Tipped Workers This February
Fair Minimum Wage Act may not sound like something most people would think twice about. However, every time you go out to eat, this act directly affects the person taking your order, making your drinks, or cleaning up the table once you leave.
Restaurant workers across the nation make $2.13 an hour. Yes, you read that correctly, two dollars and thirteen cents an hour.
Did you know that most servers do not even see that paycheck, as it is used for taxes? The only money tipped employees survive on is what you generously leave them after your meal or obtain your drinks. A bill has been proposed to change that, the Fair Minimum Wage Act, to raise the minimum wage AND to raise the tipped minimum wage.
However, those fighting for the restaurant workers argue that the tipped minimum wage has not changed in 23 years. Restaurant Opportunities Centers United (ROC United) is an organization working to assist tipped employees (1). ROCUnited states their mission as: “To improve wages and working conditions for the nation’s 10 million restaurant workers.” ROCUnited members are heading to DC to fight for wages, they are calling on this country’s elected officials to raise the tipped minimum wage for your servers, bartenders, and busboys to get them a fair wage.
The Fair Labor Standards Act (FLSA) defines a tipped employee as an employee who would normally receive over $30.00 a month in tips (2). If a tipped staff member’s tips combined with the tipped minimum wage of $2.13 an hour do not meet the federal minimum hourly wage, the employer is supposed to make up the difference.
Tomorrow, restaurant workers across the United States will be calling on their elected officials to raise the tipped minimum wage (3). ROC United aims to have the current tipped minimum wage of $2.13 forever remembered on February 13, the date they also hope to have the wage increased.
There are other issues where a tipped employee would qualify for additional wages or other money you deserve.
If you work under a tip credit, you must know:
1) Amount of tip credit cannot exceed actual tips received
2) Your employer must explain the tip credit system to you
3) Your employer cannot force you to tip out to non-tipped employees (management, cooks, cleaning crew, etc.)
4) You are owed a full minimum wage for all shifts where sidework exceeded 20% of your shift time
If you have a legal matter with your employer, contact an experienced attorney at Cohen Law Group. today to schedule a free and confidential legal consultation regarding your rights as a server or bartender.
References:
(1) Restaurant Opportunities Centers United (ROC United)
(2) The Fair Labor Standards Act (FLSA)
(3) http://rocunited.org/living-off-tips-our-campaign-to-raise-the-tipped-minimum-wage/
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