Legal Question in Employment Law in Massachusetts

Training Pay....I'm not getting paid during training

i have been working at this store/bakery/sandwich store, and i have been working after school from 2-6 and weekends from 11am-5pm. salary is $7.50 an hour. i am clocking in my hours, but i will not be geting paid for this ''training'' and have been told that i will not be paid for about 30 hours worth of work, i am only getting 1/2 of the tips.

someone has told me that it is supposed to be the other way around, that i should be getting paid during training, but not recieving tips. as of now, it is the other way around. what should i do? the other girls i work with have had the same thing happen, it just doesnt sound right. i am working as hard as the other girls if not more, and could easily work shifts on my own soon. what should i do?

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Asked on 6/04/06, 8:42 pm

1 Answer from Attorneys
Philip Gordon Gordon Law Group, LLP

Re: Training Pay....I'm not getting paid during training

Assuming that the bakery is not part of a "charitable, educational or religious institution," then you must receive at least $6.75 per hour of work for all hours worked during the training period � the minimum wage.

Because you are in training, as a newly hired employee, it is highly unlikely that you could qualify as a "tipped employee."

See below for required disclaimer.

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This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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Answered on 6/05/06, 4:23 pm


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