Working as a tipped employee is something that many people desire to do; tipped employees in some businesses have the opportunity to make well over the minimum wage. However, tipped employees and their employers often misunderstand the rights of tipped employees. If you are a tipped employee in Cleveland and you believe that your rights under state or federal employment laws have been breached, call our Cleveland tipped employees attorneys directly for the support and help you need.

The Rights of Tipped Employees

Tipped employees are still employees under federal law, which means that they have the same rights as other employees. This includes the right to workers’ compensation, the right to a safe workplace (and the right to report unsafe working conditions), the right to work in a workplace that’s free of discrimination, and the right to engage in protected activities. Perhaps the most commonly misunderstood right of tipped employees is the right to earn a minimum wage.

Tipped Employee Wage Rates

Tipped employees still have a right to earn the minimum wage, although a portion of their wages may come from tips. Here’s what you should know about the minimum wage for tipped employees based on federal and state laws–

  • Under federal law, all employees are entitled to a minimum wage of at least $7.25 per hour. The minimum wage that employers must pay tipped employees based on federal law is $2.13 per hour, assuming that the employee makes enough in tips (at least $5.12 per hour) to make up the difference. If the employee does not make enough in tips, the employer is responsible for making up the difference.
  • State of Ohio. In Ohio, the minimum wage for tipped employees and regular employees is more than the federal minimum wage. The general minimum wage is $8.80 per hour; for tipped employees, employers must pay a base way of $4.40 per hour. However, the employer will need to make up the difference if the employee is making less than $4.40 an hour in tips.

Legal Recourse if Your Rights Are Violated

If your rights have been violated and you have not received the wage to which you’re entitled under the law, or if you have been a victim of another type of employment law violation as a tipped employee, you have legal rights. You can seek back pay for lost wages you’ve suffered, and in some cases, you may also be able to seek damages for legal costs, punitive damages, and other economic or noneconomic harm you’ve suffered.

Call Our Cleveland Tipped Employees Attorneys Today

At the law office of Coffman Legal, LLC, our Cleveland tipped employees attorneys know that navigating your rights as an employee can be complicated. For a free consultation, call our lawyers directory today or send us a message at your convenience. We are here to support you.

Contact Coffman Legal Today

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