Hi,

My question is if a waitress in New Hampshire (normal pay $2.38 plus tips) is called in for a two hour training session on a weekend morning (this is applicalbe to all waitstaff), without any customers, can the employer still pay only $2.38 per hour? This is mandatory training and costs more in gas to get there than the $4.76 (before taxes) that she is paid. I have two daughters in law who work at different establishments and are both subject to the same practice. Doesn't seem right.

Any help would be appreciated.

John
mrdiesel2000

Generally speaking, tipped employees must be paid the full minimum wage for a shift (like a meeting where no other work is done) when they are not working in a tipped duty. Your daughters can file a claim for unpaid wages with the state Dept. of Labor and get a determination.
http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm

Hello Pattymd

Thank you for your response, however the link you cited took me to a page I have read many times. It seems to me that page is saying that if her combined wage and tips over a month period are more than minimum wage then it is OK.

As I read it, it seems like if my daughter in law worked on Friday night and made $100 in tips for 4 hours plus her $2.38 per hour pay($109.52) and the employer wanted to have a 2 hour meeting the next day and paid her just $2.38 per hour, she would have to average her hours over one month and divide by the total of wage and tips, in this example (6 total hours @ $114.28) for an average pay of approx. $19.05, and no grounds for complaint.

Am I wrong?

Thanks

John
mrdiesel2000