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With holding Wages, Rhode Island

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  • With holding Wages, Rhode Island

    I was terminated from my job last week after the restaurant I was working for recieved a phone call from another company I was applying to.
    I called for my hours on monday and they told me they heard, "I was looking for bigger and better things".

    My final day was Friday the 21st.
    I was notified of my termination on Monday 24th

    It was common that we worked private parties and were paid in cash (tips) after the following business day. Since then I have gone in twice on the 25th and the 27th. They are claiming that they still have not recieved the payment from the party.

    How long can they withhold my wages?

    Also I was told that the way we tipped out the restaurant was illegal. Is it true that your employer can not require that you pay the house to work there, or the manager?

    each shift we would tip the house 8%
    each Saturday we would pay the manager $10.00

    Thank you in advance for the help.

  • #2
    Originally posted by Staples
    I was terminated from my job last week after the restaurant I was working for recieved a phone call from another company I was applying to.
    I called for my hours on monday and they told me they heard, "I was looking for bigger and better things".

    My final day was Friday the 21st.
    I was notified of my termination on Monday 24th

    It was common that we worked private parties and were paid in cash (tips) after the following business day. Since then I have gone in twice on the 25th and the 27th. They are claiming that they still have not recieved the payment from the party.

    How long can they withhold my wages?

    Also I was told that the way we tipped out the restaurant was illegal. Is it true that your employer can not require that you pay the house to work there, or the manager?

    each shift we would tip the house 8%
    each Saturday we would pay the manager $10.00

    Thank you in advance for the help.
    Hi,
    As far as your last pay, by Federral las: http://www.dol.gov/dol/topic/wages/lastpaycheck.htm
    "Employers are not required by federal law to give former employees their final paycheck immediately but it is due by the day considered to be your next scheduled pay day. Some states, however, may require immediate payment. If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. "

    And by state law: http://www.rilin.state.ri.us/Statute...14/28-14-4.HTM
    28-14-4**Payment on separation by employer. (a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.


    As far as tips: http://www.dol.gov/esa/regs/compliance/whd/mwposter.htm

    Tip Credit: Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.


    Please let me know if you still have questions.
    Last edited by Sue; 01-31-2005, 06:54 AM.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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