Legal Question in Employment Law in Georgia

They are attempting to claim retroactively the "tip credit." If you are a tipped employee working in a job that normally receives tips (a server is one of them) the employer, in some cases, has the right to pay you at the lower rate to take into account the fact that you receive tips. However there are a number of hoops through which the employer must jump before doing this. Many employers get this wrong such as, for example, by requiring you to share your tips with other people who are not normally tipped (managers or supervisors, parking lot attendants, etc.). If they do that they lose the tip credit and they have to pay you no less than the minimum wage rate. Also before claiming the "tip credit" they have to provide you with advanced notice that they will be taking the tip credit. I doubt that once they failed to pay the tip credit they can go back and make you pay back the difference between 2.13 and 7.25, but it's a question I have not confronted yet. I would be happy to look into it if you want to contact me. Incidentally, we represent employees who have been underpaid (including many "tipped" employees) and we charge our fees to the employer. If we file suit and win, you can win up to twice as much money as they underpaid you. Plus the employer has to pay your attorneys fees.

Michael A. Caldwell

404-979-3154