Oftentimes, employers will make the mistake of paying the "tip credit" or reduced hourly wage for time spent in pre-shift meetings, for other mandatory meetings, and for excessive time spent doing side work. The Florida minimum wage has since been set at $8.05 per hour since January 1, 2015. The 2014 Florida minimum wage was set at $7.93 per hour. The Florida minimum wage has exceeded the federal minimum wage since June 1, 2011. The current federal minimum wage is set at $7.25 per hour for each hour worked. For an employee, this means that you could get to recover $3.02 for every hour worked - which adds up very quickly! Employers also must ensure that tipped employees receive at least the minimum wage when you combine the "tip credit" wage (of $3.02 less than the minimum wage) with the tips received. This means that if a manager, owner, or someone who doesn't interact with customers or works in a position that doesn't usually get tips, then the employer can't take the tip credit. Tipped employees can be paid $3.02 less than the minimum wage, but a tipped employee must be paid for all time worked, must be reimbursed for all employment-related expenses (uniforms, aprons, tools of the trade), and cannot be required to share tips with managers, supervisors, cleaners, or cooks. My office routinely handles cases for tipped employees and is familiar with the many ways in which employers violate the law by following the strict regulations that apply. An employer who does not properly pay tipped employees can be required to pay the difference between the wage actually paid and the minimum wages or overtime wages owed, plus a penalty known as liquidated damages of an amount equal to the wages due, plus attorneys' fees. The law allows this, but the law in this area is very strict and very specific, and many employers don't follow the law. Tipped employees are entitled to receive at least a minimum wage, but they often agree to get paid less than the minimum wage in exchange for receiving tips from customers. Restaurants, clubs, and bars commonly employ tipped employees such as waiters, waitresses, servers, bussers, busboys, bartenders, and barbacks.
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