Tips: Tipped employees are those who customarily and regularly receive more than $30 a month in tips. However, the employer cannot take credit for discounts given employees on food (menu) prices. This typically is an hourly deduction from an employee's pay. Tips may be considered as part of wages, but the employer must pay not less than $2.13 an hour in direct wages and make sure that the amount of tips received is enough to meet the remainder of the minimum wage.įood Credit: The employer may take credit for food which is provided at cost. Deductions made for items other than board, lodging, or other recognized facilities normally cannot be made in an overtime workweek. Deductions made from wages for items such as cash shortages, required uniforms, or customer walk-outs are illegal if the deduction reduces the employee's wages below the minimum wage or cuts into overtime pay. Wages are due on the regular payday for the pay period covered. Minimum wage: Covered non-exempt workers are entitled to a federal minimum wage of not less than $7.25 per hour effective July 24, 2009. For example, a waitress or cashier who handles a credit card transaction would likely be subject to the Act. Also, any person who works on or otherwise handles goods that are moving in interstate commerce is individually subject to the minimum wage and overtime protection of the FLSA. Restaurants/fast food businesses with annual gross sales from one or more establishments that total at least $500,000 are subject to the FLSA. The restaurant/fast food industry includes establishments which are primarily engaged in selling and serving to purchasers prepared food and beverages for consumption on or off the premises. This fact sheet provides general information concerning the application of the FLSA to employees of restaurants and fast food establishments.
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