Ohio Tipped Employee Wage Issues Attorney
Ohio Wage and Hour Attorney Representing Tipped Employees
Our Ohio wage and hour attorney will assist you with any issues resulting from your employer failing to pay you properly as a tipped employee. There are many potential legal issues for employers who benefit from paying employees a tipped wage less than the full minimum wage.
If you work in an industry where people tip for service, such as a restaurant, then your employer may legally reduce your hourly wage below the general minimum wage, assuming that you are still paid more than the mandated minimum wage for tipped employees. However, there are numerous potential issues for tipped employees.
First, before an employer may apply a “tip credit,” the employer must provide a valid tip credit notice. For example, in 2017, the Ohio minimum wage is $8.15 for non-tipped employees. If your employer pays you $5.00 per hour because you customarily receive tips, your employer is taking a “tip credit” of $3.15 each hour you work. In other words, your employer is compensating you $3.15 less than what employers are required to compensate employees at a minimum. Before employers are able to apply the “tip credit” to their benefit, they must make certain tip credit notice disclosures.
Next, tipped employees who perform significant non-tip generating duties must be paid full minimum wage for the time spent completing those duties if the non-tip generating duties comprise 20% or more of their time during any workweek.
Third, tipped employees must retain their tips and any tip pooling arrangement may only be among employees who customarily and regularly receive tips.
Finally, if the amount of the “tip credit” exceeds the amount of your tips, then the employer must pay the difference so that you make at least minimum wage at all times. Said another way, the amount of your tips plus your hourly wage must total an amount that is equal to or greater than minimum wage.
If you have any questions about your tipped wages or need any help seeking unpaid wages from your employer, contact our office at 1-614-949-1181 for a free consultation with an Ohio wage and hour attorney.