Waitress

[Missfe]

I'm a waitress and I read of you work doing other things like cleaning or food prep during ur shift you should get paid minimum for those hours spended doing things why you don't get tips? Also can an employer pay a flat rate. Of $25 per shift plus all your tips?

 

[cbg]

The answer to both questions is actually the same. If at the end of the week your pay plus tips comes to minimum wage times ALL hours worked (no matter what you were doing) then the law will consider you were paid correctly. If it comes to less than that, your employer needs to make up the difference.

 

[Betty3]

Just for your info OP: The federal min. wage is $7.25 but the Arkansas min. wage is higher at $7.50/hr.

 

[cbg]

Good point, Betty - the wage times rate formula would have to use the higher rate.

 

[ElleMD]

Whether or not your employer can claim the tip credit depends on the amount of time you spend on balance, in tipped versus non-tipped duties and you make at least $30 per month in tips. Most waitresses and waiters perform at least some duties other than serving customers. If you are a prep cook who runs food out to one or two tables during a busy period, that is very different. Flat rates are discouraged but not illegal so long as you qualify for the tip credit, the number of hours worked divided by the rate equals the federal minimum of $2.13 per hour, and you make at least MW when tips are added.

Example: You work 5 hours and get paid a flat $25. You make $30 in tips. The $5 an hour your employer is paying over the $2.13 an hour required so they are clear on that point. If you make $30 over the 5 hours, that works out to $6 an hour, added to the $5 from the flat rate, means you are well over MW.

 

[Betty3]

Arkansas: Arkansas requires employers to pay workers above federal tipped minimum wage - basic combined cash & tip min. wage rate $7.50; max. tip credit against min. wage $4.87; min. cash wage $2.63; Definition of tip employee by min. tips received monthly - more than $20.00