Whether you are a lawyer or work in the service industry, you probably know that there has been some instability with respect to what constitutes stealing tips from employees. However, you may or may not realize that the federal tipping law (i.e. the Fair Labor Standards Act) was recently ...
Tag: waiter pay
April 27, 2018DREW N. HERRMANN
**Warning: If you are paid a direct wage of less than $7.25 per hour (i.e. as little as $2.13/hour) the new regulation discussed in this article does NOT apply to you – your employer cannot take your tips, deduct from your tips, require you to share tips in ...
January 4, 2018DREW N. HERRMANN
You may have heard that Trump’s Secretary of Labor has proposed a new regulation concerning the tip pool laws. Lots of commentary has been written concerning the new proposed regulation. With that comes the fake news; I have read several misleading headlines regarding the interpretation of the new regulation. Specifically, ...
December 14, 2017DREW N. HERRMANN
Who gets my Tip? Tips on Restaurant Tipping Have you ever wondered if your waiter or waitress actually gets to keep the tip you gave? Rightfully so, many patrons assume that your waiter or waitress gets to keep the full amount of the tip; after all, federal law says that ...
November 29, 2017DREW N. HERRMANN
Tip Pooling and Tip Sharing Today, creativity among employers is at an all-time high when it comes to circumventing the minimum wage laws – especially when it comes to tipped employees. It is no surprise that employers continuously attempt to use state and federal minimum wage laws to their advantage ...
July 25, 2017DREW N. HERRMANN
A fair day’s pay for a fair day’s work is the mantra of working class America. However, what happens when you don’t receive fair pay or your employer is stealing tips from you? Luckily, federal law provides very strong protections that safeguard the right of the working class ...
May 31, 2017DREW N. HERRMANN
This article is based on federal laws. The law in your state may be different from what is written in this article, which may change the outcome of the scenarios discussed. Waiter Pay You’ve probably heard the term “waiter pay” or “tip credit” but probably do not understand all the ...
February 19, 2017DREW N. HERRMANN
This article was originally published here. (www.wiserwaitress.com) Have you ever worked at an establishment where the employer mandated that you “tip-out” a portion of your earnings to other employees? This arrangement is called a tip pool. The law governing the “pooling of tips” can be unclear and ...
January 31, 2017DREW N. HERRMANN
Seriously: Can My Employer Legally Do That? If the federal minimum wage is $7.25 per hour, then how do some employers (specifically, restaurants) get away with paying employees less – in some cases as little as $2.13 per hour? You may be thinking, well I earn more than $7.25 ...
January 14, 2017DREW N. HERRMANN
Ever worked a service job and had an employer claim the tips belong to him or her? Whether the employer is right or wrong depends on several factors. Don’t stop reading, employers often do not know the law and it’s common for employers to commit what I call, “wage theft.” The ...
September 28, 2016DREW N. HERRMANN