Q&A

Can a restaurant pay a waitress less than minimum wage?

Can a restaurant pay a waitress less than minimum wage?

Restaurants in certain states are often allowed to pay a “tipped” rate of pay which is less than minimum wage to certain employees whose duties and earnings qualify them to be paid that way. This results in a number of complexities.

Do you have to pay for waitress uniform?

Per Federal law, employers are not allowed to require employees to pay for uniforms if that purchase brings their wages below minimum wage. Some states don’t allow for uniform deductions at all!

Can a restaurant worker take their employer to court?

Yes, but most don’t. In fact, enforcement is so weak and disorganized that an average employer has just a 0.001 percent chance of being investigated in a given year. And most restaurant workers don’t make enough to money to afford taking their employers to court.

What should I do if I have a waitress problem?

Contact your attorney or other relevant advisor for advice specific to your circumstances.

What are the laws for waiters and waitresses?

There are countless compliance and regulatory laws restaurant owners, operators and managers need to be aware of when it comes to waiters and waitresses, but those associated with how their employees are paid – i.e. “wage and hour” laws – are among the most complicated and most frequently violated.

Can a waitress get paid less than minimum wage?

On the other hand, when employees perform duties “related” to their tipped occupation, such as when a waitress cleans and sets tables, toasts bread, and makes coffee, “employers may apply the tip credit and continue to pay employees below minimum wage.

Per Federal law, employers are not allowed to require employees to pay for uniforms if that purchase brings their wages below minimum wage. Some states don’t allow for uniform deductions at all!

Can a restaurant owner take tips from employees?

So now restaurants can also include back-of-house staff like chefs and dishwashers in the tip pool. Federal law still prohibits restaurant owners, managers, or any other supervisor-level staff to take tips from employees. This means you, as a restaurant owner or manager, can’t take tips from the tip pool.