Legal Question in Employment Law in Georgia
Minimum Wage for Waitresses?
I am a waitress at an upscale restaurant. I make my money off of tips. At all previous waitressing jobs, in addition to the tips I have been paid $2.13 an hour. At this current job I have never received that money. Is there a requirement minimum wage for waitresses? Or is it an option of the company to pay the $2.13?
1 Answer from Attorneys
Re: Minimum Wage for Waitresses?
No, it is not an option for the restaurant. Assuming that the restaurant is covered by the Fair Labor Standards Act (having at least $500,000 in gross sales), the company is required to pay you at least minimum wage. The restaurant is allowed to take a credit of up to 1/2 of the minimum wage (currently $5.15 an hour) for tips you receive, assuming you make at least $30 a month in tips. In other words, the restaurant must still pay you $2.58 an hour in wages, assuming you make at least that amount an hour in tips.
You may contact the Department of Labor or an attorney with knowledge of employment law to assist you in getting these additional payments.
Feel free to contact me if you have additional questions.
The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.
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