Am I Getting Paid Legally?

[jerryd]

Hello Everybody,


I work at a Jap. Steak House in Florida and my job is a waiter.
Now as far as getting paid goes for paychecks, they're never on the same day (ever). I get paid by the "shift" and i work 6 hour shifts. Now that means I get paid $1.66 an hour. Now for tips, whatever my total sales are for that night lets say $600. You times 600 by 0.085 and what ever that number is you subtract from my total tips for that night, lets say $100 that mean I walk out with $49. And on top of it all I'm pretty sure I'm getting taxed on 100% of my tips. I ask this question to find out if this is legal and if it isn't what can i do about it.

Mind you this is my only job and i need some type of income

 

[army judge]

Contact the Florida Dept. Of Labor.

Or, Google Florida paycheck enforcement or Florida payday laws.

Presto, contact information and answers are revealed.

You can email your query or telephone them tomorrow to ask about your dilemma.

 

[jerryd]

Thank you for the fast reply, and I will.

but just out of curiosity do you think its legal because I don't. lol

 

[army judge]

Thank you for the fast reply, and I will.

but just out of curiosity do you think its legal because I don't. lol

You're welcome.


Are you asking me if I think you're being paid illegally?
I don't have enough information to say. From what you report, things do seem peculiar.

 

[Peppermint]

There is no Florida "Dept. of Labor". You would have to contact the federal DOL and file a wage claim. Federal law requires that 1) you be paid a cash wage of at least $2.13 per hour and 2) you cannot be charged nor taxed for any more tips on a weekly basis than you actually get (there is a year-end tip allocation provision for some establishments, but that's not relevant yet).

The federal DOL can take your wage claim (or you can file a small claims action). The IRS can take your complaint regarding your W-2 showing more income (related to the tips) than you actually earned.

In the meantime, keep a detailed tip diary, if you are not already doing so.

http://www.dol.gov/whd/regs/compliance/whdfs15.htm

 

[army judge]

This site discusses the specifics of Florida law regarding restaurant employees.

http://www.floridarestaurantlaw.com/flsa.html

 

[jerryd]

well let me know if this helps

I just got my pay check and it reads:

....................................Rate...........Hours.............Amount.........YTD
Tipped Wages.................4.2300.........24.00............101.52........101.52

Reported Tips ..............................................380.50........380.52

-------------------------------------------------------------------------------------------------

Total Wages..................24.00........101.52....................101.52

..................FICA-SS W/H...............20.24......................20.24
..................FICA-Med W/H...............6.99......................6.99
..................Federal W/H................24.04......................24.04

.............Total Withholdings.............51.27...........................51.27

my total paycheck was worth 50.25

the problem is i get my pay check in (around) 15 days and i worked 4 days each week which means i worked 48 hours.

( btw i worked at this company for almost 1 year and half then i got laid off then hired back, this is my first pay check that they have given me since i've been back)

 

[jerryd]

i was just wondering?

 

[Peppermint]

The calculations on this check are fine, assuming the $380.52 is the amount of tips you actually received.

What is the pay period ending date on the stub? Are you saying you worked 48 hours within THAT pay period (or since you were rehired), and you were only paid for 24?

Florida has no law specifying how long after the end of the pay period paychecks must be issued.

 

[jerryd]

so...

This is since I've been back I've only been there for about month.

It says

Period beginning: 01/01/2011
Period end: 01/15/2011
Check Date: 01/18/2011

and yes i worked 48 hours and its only paying me for 24 i think its their way of making it to where i get paid $10 a shift then taxing me from my paycheck for my tips.

(Let me know if you need to know any other bit of information to help you out)

 

[Peppermint]

Well, your tips DO have to be taxed, so that is correct.

When you ask where the other 24 hours of pay are, what do they say?

 

[jerryd]

they speak Chinese they try to talk to you then start yelling and then thats about the end of the conversation
other wise if you pursue the conversation you'll pretty much get fired they don't want you to know too much

 

[Peppermint]

Here's the problem you have. The state of Florida (as well as federal) has no laws regarding the time lag between the end of the pay period and when the check for that pay period. Your recourse at this point is a complaint with the federal Dept. of Labor or a civil action (small claims) in Florida. This is going to be more of a "good faith and fair dealing" offense, than an actual wage and hour violation.

In the meantime, though (while you are looking for another job with an employer who treats his employees fairly), keep very detailed records of the hours you work, when you are paid for those hours (taking into consideration the minimum cash wage required) and, on a daily basis, the tips you claim (vs, perhaps, the tips with which you are credited on your paychecks). This will be a big help to you if you decide to wait until you walk out the door to file your complaint.

Good luck.