Should Waiters, Waitresses Bussers Be Paid Minimum Wage?

Posted on behalf of Phillips Law Group on Nov 07, 2012 in Employee Rights

Should waiters, waitresses, bussers, and other tipped employees be making minimum wage? Should waiters, waitresses, bussers, and other tipped employees be paid overtime?

Minimum wage and overtime for waiters, waitresses, bussers, and other tipped employees are commonly unpaid and this is a violation of federal law. The total amount thatwaiters, waitresses, bussers, and other tipped employees make including the tips should add up to minimum wage and time and half if you worked over 40 hours in a week. So the amount you are paid per hour plus the tips you made for the week should add up to the amount you would make if you were paid straight minimum wage for the hours you worked up to 40 hours and time and a half if you worked over 40 hours.

You can be required to pool or share your tips, but only with other employees that normally get tips and not with the employer. Common types of jobs that share tips are bussers, servers, waitresses, and waiters.

If you are required to pool your tips, your share of the pool plus your hourly should ad up to the amount you would make if you were paid straight minimum wage for the hours you worked up to 40 hours and time and a half if you worked over 40 hours.

If you are a waiter, waitress, busser or other tipped employees and your total pay per week doesn't equal minimum wage or time and a half if you work overtime, you should contact Phillips Law Group by calling or texting 1-800-706-3000. No fees to start your case. No fees unless we win your case.