Many employees in Ohio work for not only a minimum wage, but also for the tips they receive from customers. Servers in restaurants are typically the first type of tipped employee people think of, but there are others, as well. Bartenders, certain hotel workers, hair stylists, taxi drivers, and more all rely on tips to earn their living.
Tipped employees are governed by different laws than non-tipped employees, and it is important to know what those are to ensure you are receiving the full wage you deserve. If an employer has not paid you appropriately, or has not allowed you to receive your full tips, it is important to speak to our Akron tipped employees attorneys as soon as possible.
In 2021, the minimum wage for tipped employees is $4.40 an hour, plus the tips they earn during their work. The minimum wage for tipped employees changes every year, just as it does for non-tipped employees. Employers often do not want to pay this wage. When that is the case, they may commit a number of violations. The most common of these are as follows: Refusing the pay the required minimum wage Withholding all or a portion of an employee’s rightful tips Refusing to pay overtime, or the appropriate overtime hourly rate Requiring employees to pool their tips with supervisors, managers, or others that do not regularly receive tips Any time an employer commits one of these violations, a tipped employee attorney can help you recover the full wages you deserve.
Under the Fair Labor Standards Act, employers may take a ‘tip credit,’ which lowers the amount an employer must pay in direct wages to their tipped employees. The Act, however, states that employers are only allowed to take a maximum of $5.12 in tip credits, which means employers cannot pay less than $2.13 per hour to their tipped employees. Despite the wages an employer directly pays their tipped employees, all employees must still receive $7.25 an hour after their hourly wage and tips are combined. Any time an employee does not receive this amount after combining their tips and hourly wage, the employer is responsible for paying the remaining amount. Additionally, the law also allows employers to take deductions from a tipped employee’s paycheck for uniforms, cash register shortages, and more. However, employers cannot make a deduction if it will result in the tipped employee being paid less than minimum wage.
If you are a tipped employee and feel as though your employer has not paid your appropriate tips or minimum wage, call our Akron tipped employees attorneys for help. At Coffman Legal, LLC, our knowledgeable attorneys have the necessary experience to hold employers liable for their actions, and we want to put that experience to work for you. Call us today at (614) 949-1181 or fill out our online form to schedule a free consultation.