We’ve gone over what wage theft is, but here are some scenarios you may be familiar with, and that’s why you’re searching for a lawyer to help you with your waiter minimum wage claim.
Pocketing tips added to a credit card bill: In many states, your employer can legally take a percentage of your credit card tips to offset the cost of processing a payment through a credit card. For example, a credit card company charges 2.5% for processing. Your employer can legally reduce your tip by that amount. However, in some states, this is expressly forbidden, like in California. California imposes that business owners bear the burden of paying all costs associated with doing business. Maine and Massachusetts have similar laws concerning deducting credit card processing fees from the tips of waitstaff.
Keeping a cut of tips for themselves: Federal law forbids employers from keeping any portion of your tips even if you participate in a tip pool. No manager or supervisor is allowed to share in your tip pool.
Using tip money to pay non-serving staff: Say you have banquet servers or pastry chefs who work but don’t directly serve the customers. Employers are prohibited from using employee’s tips for any other reason than as a “tip credit” towards their minimum wage obligation.
Creating jobs for family or friends that are no-show: If you are involved in a tip pool, an unscrupulous employer or manager may routinely generate a position that is never filled and then take the cut from the tip pool for themselves.
Using tip money to pay underpaid staff: Again, employers are not allowed to use your tips to pay nonserving staff members like dishwashers. It’s against federal law.
Not paying overtime: Overtime hours for tipped workers cannot be figured at the reduced hourly wage. Any hours over 40 in a week span must be figured at the regular minimum wage, even with tips.
Dual jobs: If you serve for 4 hours a day, then switch to a different job that falls under a different classification for 4 hours, like cooking, your employer cannot pay those hours at sub wages.