Wage Violations for Tipped Employees

Restaurant and bar workers, as well as employees in other related jobs in South Florida, are considered hourly wage employees who work for tips — or, in other words, “tipped employees.” Just like any other hourly wage worker, tipped employees in Florida must be paid fairly and in a manner that complies with state law and with the federal Fair Labor Standards Act (FLSA). Accordingly, tipped employees in Florida must be paid at least the minimum wage, and they must receive fair pay for time worked.

Violations of wage and hour laws for tipped employees in Florida can take many forms, and it is critical for any tipped employee who may have experienced wage theft to seek legal advice. In the meantime, our Palm Beach Gardens wage and hour lawyers can tell you more about pay rights for tipped employees in Florida and violations affecting tipped employees.

Tipped Employee Pay in Florida 

Tipped employees in Florida, just like other nonexempt employees, must be paid at least the hourly wage. The amount that is required is not the straightforward $12.00 per hour required under Florida law, but instead the state’s minimum wage amount minus a “tip credit” the tipped employee’s employer receives. The tip credit in Florida is $3.02, and what that ultimately means is that any tipped employee is required to receive a wage totaling the minimum wage minus the tip credit (or $12.00 per hour minus $3.02), for a total of $8.98.

The idea is that the tipped employee will always make up the difference from the tips they will receive, resulting in the tipped employee earning at least $12.00 per hour. However, in order to take the tip credit, you should know that your employer must explain the tip credit to you and how it works, and your employer cannot require unlawful tip pools or require you to tip out employees at your place of employment who are not also tipped employees.

Common Tipped Employee Wage Violations 

How do you know if you have experienced wage theft, or a violation of state or federal law concerning how tipped employees can and cannot be paid? Generally speaking, if you have any concerns at all, you should ask a lawyer to assess your case. In the meantime, the following are some common examples of wage theft, or wage and hour violations impacting tipped employees in South Florida:

• You are paid the state minimum wage minus the tip credit without any explanation or clarification of the tip credit;
• You are paid less than the state minimum wage minus the tip credit and informed that you will make up the rest in tips;
• You are paid only a tipped employee amount (the state minimum wage minus the tip credit) for time worked that does not generate tips, such as required training;
• You are required to share or pool your tips to share with employees who are not tipped employees;
• Your employer makes deductions from your paycheck that result in your earning less than the state minimum wage;
• You are not paid time and one-half for overtime hours worked beyond a 40-hour workweek; and/or
• You earn less than $12.00 per hour due to a slow work shift or low tips, and your employer does not make up the difference.

Contact a Palm Beach Gardens Wage and Hour Lawyer 

If you have any concerns about wage theft, an experienced Palm Beach Gardens wage and hour attorney at Sconzo Law Office can speak with you today. Contact us for assistance.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html

frla.org/minimum-wage/