How Tipped Employees Can Avoid Common Workplace Violations
Avoiding common workplace violations is essential for tipped employees to ensure they are being treated fairly under wage laws. Whether you work in a restaurant, bar, or hotel, tipped employees often face unique challenges that can lead to wage violations if they are not vigilant. Issues like improper tip pooling, failure to meet minimum wage requirements, and unpaid overtime can be common in these industries.
By staying informed about wage laws, tipped employees can avoid common pitfalls such as illegal tip pooling, which may involve managers improperly taking part, or being paid less than the required minimum wage when tips do not make up the difference. If you believe your employer is violating wage laws, it is time to consult with a dedicated attorney from Hodges & Foty, LLP for free. To schedule a meeting today, please call (713) 523-0001 or use our contact form.
3 Ways Tipped Employees Can Avoid Common Workplace Violations
Three ways that you can avoid workplace violations as a tipped employee include the following:
Understanding Minimum Wage Laws for Tipped Employees
Tipped employees often receive a lower base wage than non-tipped workers, but federal and state laws require that the total of your base wage plus tips equals at least the minimum wage. While the federal minimum wage for tipped workers is $2.13 per hour, state laws can vary and may offer higher protections.
It is essential to track your hourly earnings and tips to ensure that you are receiving at least the minimum wage. If your tips are insufficient to meet this standard, your employer is required to make up the difference.
Monitoring Tip Pooling Practices
Tip pooling, the practice of sharing tips among employees, is permissible under the law, but strict rules must be followed. Only employees who customarily and regularly receive tips, such as servers and bartenders, are allowed to participate in the pool. Employers, managers, and supervisors cannot be included in tip pooling arrangements.
If non-tipped employees are part of the tip pool, it may be a violation of labor laws. By being vigilant about your employer’s tip pooling practices, you can ensure that your hard-earned tips are being distributed fairly and legally.
Tracking Hours to Prevent Overtime Violations
Even though tipped employees rely heavily on tips, they are still entitled to overtime pay when they work more than 40 hours a week. Under federal law, overtime must be compensated at a rate of 1.5 times the regular pay rate, including both base wages and tip income. Tracking your hours is essential to make sure that any extra time you work is properly compensated.
If your employer fails to account for overtime pay, it could be a violation of the Fair Labor Standards Act, and you may have the right to recover unpaid wages with the help of a knowledgeable attorney.
How a Dedicated Employment Lawyer From Hodges & Foty, LLP Can Help
Navigating wage and hour violations as a tipped employee can be complicated, but having an employment lawyer can make a significant difference. At Hodges & Foty, LLP, we understand the complexities of tipped wage laws and can help you determine whether your employer is following state and federal regulations. If your rights are being violated, our team can guide you through the legal process and help you recover the compensation you are owed. We bring decades of combined experience and a commitment to protecting workers’ rights.
When you work with Hodges & Foty, LLP, you are choosing a team with a proven track record in wage disputes and labor law. We are dedicated to holding employers accountable for unfair labor practices and fighting for justice on behalf of workers.
Protect Your Rights as a Tipped Employee With Our Firm Today
At Hodges & Foty, LLP, we understand how complex workplace laws can be for tipped employees. Our team has over 40 years of combined experience helping workers recover compensation for wage violations. If you believe your employer is not complying with wage laws, we may be able to help you protect your rights and recover what you are owed.
Contact us today to learn how we can assist you in holding your employer accountable. Call (713) 523-0001 or fill out our contact form for a free consultation.
