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Waitress, tips, pay

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  • Waitress, tips, pay

    My daughter waitresses in Kansas. She makes $3.15/hour. They deduct the tips she gets directly out of her paycheck. Isn't the law that they use the tip amount to figure out what they have to make up to her to meet Kansas min. wage amounts? She works about 40 hours every two weeks and her bring home is $50 to $60.


  • #2

    In my experience, what employers deduct from paychecks is the tax on any tips received by the employee. The law states that if earnings (from tips and wages combined) do not equal the minimum wage amount then the employer must pay the difference.

    It is possible under Federal law for an employee to receive a paycheck for just a few dollars (or none at all) a week from their employer IF they received a large amount of tips. What actually determines the amount of the paycheck in this case is the amount of tips for which taxes needed to be withheld.


    • #3
      The cash wage plus her tips must average out to at least the minimum wage for a workweek. If that is occuring, then there is no labor law violation.

      Relative to her check, taxes must be withheld on both the cash wage (paid by the employer) and her declared tips. So, it's possible that her net paycheck could even be zero.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.