Allow the tipped employee to retain all tips, whether or not the employer elects to take a tip credit for tips received, except to the extent the employee participates in a valid tip pooling arrangement.<\/li>\n<\/ol>\nAll three<\/u> of these prongs must be met for a valid tip credit. If any one of these has not been met, the tip credit is invalid, and you have a claim for a minimum wage violation.<\/p>\n
For instance, even if your hourly rate comes out to be $7.25 (including tips and direct wages), you may still have a claim for lost wages, if they do not inform you of their intention to use a tip credit. Additionally, if they fail to adequately explain the tip credit provision to you before applying it to your wages, the tip credit is invalid, and you have a claim for a minimum wage violation.<\/p>\n
Unlawful Tip Pooling Agreements<\/h2>\n
In addition, you may have a claim for a minimum wage violation if your employer has an unlawful \u201ctip pooling\u201d arrangement. This occurs when an employer withholds your tips in order to tip out other employees who customarily do not receive tips (cooks, dishwashers, managers etc). If your employer is requiring you to share your hard earned tips in this capacity, the tip credit is invalid and you have a claim for a wage violation.<\/p>\n
Overtime Violations for Waiters<\/h2>\n
Oftentimes, employers fail to pay tipped employees overtime wages for working more than 40 hours in a 7 day work week. Even if your tips pay you more than $7.25 an hour, you are entitled to overtime compensation. Federal law requires employers to pay overtime wages on the employee\u2019s regular rate including all service charges, commissions, bonuses and other remuneration. Therefore, if you work more than 40 hours a week, without adequate compensation, you have a claim for an overtime wage violation.<\/p>\n
Remedies for This Violation<\/h2>\n
If you are a tipped employee and believe you have been wrongfully denied your hard earned wages, you may have a claim for an FLSA violation. This statute will allow you to recoup not only your unpaid wages, but also make your employer pay double that amount for every hour worked. Additionally, you may recover for up to three years and your employer is required to pay your attorney\u2019s fees if you prove your claim.<\/p>\n
We have years of experience successfully representing hundreds of employees who have been denied their proper wages. Our expertise in FLSA violations will help ensure that you are fairly compensated for an honest day\u2019s work. If you have questions about whether you are owed money due to a tipping violation, please contact us for a free consultation. Call a Houston waiters & tipped employees overtime lawyer today.<\/p>\n","protected":false},"excerpt":{"rendered":"
Tipped employees are the backbone of our service industry. Often times, employers will take advantage of their hard work and pay tipped employees less than the federally mandated minimum wage. Tipped employees (busboys, bartenders, waiters, caddies, valet drivers, etc.) are eligible to legal protection under the Fair Labor Standards Act. If you have a question<\/p>\n
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