| Unless you are specifically classified as an | | | | employees share their tips with anyone in |
| "exempt" worker, the Fair Labor Standards Act | | | | management. |
| (FLSA) protects many of your rights as an | | | | If this has happened to you and you file a |
| employee. One of those rights is to ensure that | | | | complaint then your employer will be ordered to |
| you are getting paid what is legally due you. | | | | repay you for the tips that he required you to |
| What If You Earn Tips on Your Job? | | | | share with any non-tipped employees. |
| If you are for example, a bartender, waitress, or | | | | Are You Entitled to Overtime If you are a |
| waiter, then part of your income probably | | | | Salaried Employee? |
| depends on your tips. | | | | Businesses may choose to pay their employees |
| If you receive tips as part of your job | | | | on a monthly, bi-weekly, weekly, daily, or hourly |
| compensation, as of July 24, 2009, the total of | | | | basis. However, unless your job is classified as |
| your tips plus your minimum hourly wage rate of | | | | exempt under the provisions of the Fair Labor |
| $2.13 must add up to at least $7.25. If not then | | | | Standards Act, you are entitled to be paid for all |
| your employer must compensate you for the | | | | of the hours that you actually work during any |
| difference. | | | | given week. |
| Some employers require that tipped workers, | | | | If your employer refuses to pay you for |
| such as bellhops, waitresses, bartenders, and | | | | overtime because you are a salaried employee |
| waiters pool and then divide their tips. | | | | then he or she is violating the law. |
| This requirement applies only to the excess | | | | For example, let's say that you are hired to work |
| amount of tips that are needed to meet the | | | | as an executive assistant for a salary of $700 |
| minimum wage requirements. | | | | per week. After a very busy day you have to |
| Some employers want you to share your tips | | | | work an additional four hours of overtime in order |
| with other workers who aren't usually tipped. For | | | | to catch up. This will bring your work week up to |
| example, your employer may try to make you | | | | 39 hours. |
| share your tips with chefs, dishwashers, and | | | | If your boss refuses to pay you for the extra |
| maintenance workers. This is against the law. | | | | four hours and says that you are a "salaried" |
| There are absolutely no circumstances that | | | | employee, he or she is breaking the law. Because |
| require tipped employees to share their tips with | | | | you are not classified as an exempt employee |
| any of the aforementioned workers. And it is also | | | | under the FLSA you are legally entitled to any |
| illegal for employers to require that tipped | | | | overtime work that you do in any given week. |