Werman Salas P.C. is a national leader in representing tipped employees in individual, collective and class action lawsuits. The rules and laws governing the payment of minimum wage and overtime pay of “tipped employees” are complicated and often incorrectly applied by employers and restaurants. If you are a tipped employee and are subjected to the following practices, we would like to talk to you and investigate whether you have properly been paid all the minimum wages, overtime pay, and other wages you earned.
- You are paid a tip credit rate (i.e., an amount less than the minimum wage), but are not allowed to keep or retain all of your own tips;
- Supervisors, Managers and/or other non-tipped employees (like chefs, cooks or expeditors) participate in the tip pool or share in your tips;
- You perform non-tipped work for which you are paid the tip credit wage rate. Or, you are paid a tip credit rate of pay but more than twenty percent (20%) of your time is spent performing non-tipped work or non-tipped job duties, like attend meetings, washing dishes, or opening or closing the restaurant during which time it is impossible to earn tips. Stated another way, you perform too much non-tipped work;
- You are charged or have deducted from your wages or tips breakage or “walk-off” charges;
- You are charged from your tips or wages an unreasonably high cost of customer credit card charges.
Werman Salas P.C. has recovered millions of dollars for tipped employees. If you have questions about how you are being paid as a tipped employee, please contact Werman Salas P.C.