My wife is a waitress in MS. The diner she works at just hired a bus girl to help clear tables. At the end of the shift my wife and a couple of the other waitresses give the girl a couple of dollars for helping-the amount depends on how buisness was. Some nights the girl may make an extra $20-$25. My wife learned last night that the owner is paying the bus girl $2.50 per hour. They ask the owner why she was not making regular minimum wage. The owner said that since the waitresses were giving her a TIP at the end of the shift she is considered at TIPPED employee. Does this make since????

In order for an employer to take advantage of the tip credit to pay the subminimum wage, the employee must "regularly and customarily" receive tips and the employee must make at least enough in tips to bring him/her to at least the state minimum wage for all hours worked in the workweek, otherwise the employer must make up the difference. The question for the state Dept. of Labor would be does receiving tips only from the tip pool qualify as "regularly and customarily". My guess would be no, but the employee can contact the state DOL to inquire further.