法律英语：55 Minimum Wage for Tipped Employees

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today’s topic is minimum wage. Rob from New York wrote:

The restaurant that I work for in New York City was paying tipped employees $4.60 an hour. They recently lowered our wages to $2.10 an hour claiming that "Tipped employees that make more than $7.00 an hour in tips will be paid $2.10 an hour not $4.60." Do they have [the] legal right[] to do this?
Great question, Rob. It seems that you are correct, and that your employer must pay you at least $4.60 per hour.

The first minimum wage law in the United States took effect in 1938, and required employers to pay to each of their employees who is engaged in commerce or in the production of goods for commerce wages at the following rates—(1) not less than $1 an hour.” Most recently, in 1997, Congress increased the minimum wage to $5.15 per hour. The issue is under debate in Washington now, but no single bill has been passed by both the House and the Senate.

The original law provided the $1 wage and also included reasonable costs of food or lodging³ provided by the employer. So, if the employer fed and housed you, the employer could effectively deduct⁴ this cost rather than paying the full $1 wage.

Today, a similar policy applies to tips. Under federal law, most employers of a tipped employee are only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage. If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference (1).

In New York, the minimum wage increased to $7.15 per hour on January 1, 2007. Under New York law, the employer may apply a “tip credit” of $2.55 against the normal minimum wage for food service workers. This means that the employer can apply up to $2.55 per hour in tips against the minimum that he would normally have to pay you. So, for food service workers such as waiters or busboys, the minimum wage is $4.60 per hour (2).

So, Rob, it seems that your employer might have it wrong. The quick and dirty tip is to politely discuss the issue with your employer and bring a copy of the New York Minimum Wage Increase Notice. Consider finding an attorney licensed to practice in New York to help you if your discussions with your employer do not go well.

Minimum wage laws vary greatly from state to state, and can even vary from industry to industry. No state can pay less than the federal minimum wage, but states can, and many do, pay more. For example, Washington State appears to have the highest minimum wage, at $7.93 per hour. Cities can also set higher minimum wages than their state. For example, the minimum wage in California is $7.50 per hour, while the San Francisco minimum is $9.14.

If you think that you are not being properly paid, the quick and dirty tip is to contact the United States Department of Labor⁵ Wage-Hour website:.............and/or call their Wage-Hour toll-free information and help line, 1-866-4USWAGE (1-866-487-9243). Or seek assistance from a labor and employment attorney licensed to practice in your jurisdiction.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful⁶ Life.

You can send questions and comments to.............or call them in to the voicemail line at 206-202-4LAW. Please not that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 lodging   

n.寄宿，住所；(大学生的)校外宿舍

参考例句：

• The bill is inclusive of the food and lodging. 账单包括吃、住费用。
• Where can you find lodging for the night? 你今晚在哪里借宿?

4 deduct   

vt.扣除，减去

参考例句：

• You can deduct the twenty - five cents out of my allowance.你可在我的零用钱里扣去二角五分钱。
• On condition of your signing this contract,I will deduct a percentage.如果你在这份合同上签字，我就会给你减免一个百分比。

5 labor   

n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦

参考例句：

• We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。
• He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

6 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。