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Tipping with minimum wage-Georgia

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  • Tipping with minimum wage-Georgia

    Hi, I work at a car wash where the wage is 7.25 per hour. At the wash a lot of luxury cars come thru and many tip. On my paychecks the added tip is always something low like 10.00, even though there are only 7 workers (people tip much more than 70 in one week). Sometimes the owner works with us but I was just seeing if its legal for him to take most of the tips for himself?

    With some tipped jobs the tips can be used for the wage I understand, but on my paycheck it states rate :7.25 then has tips in a separate category

    Also, he tells customers the tips will be split between the workers at the end of the week.

  • #2
    What do you base the speculation of him taking any part of the tips for himself, on?
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    • #3
      Because we get many customers each day and some of them forget to tip inside and give it to the workers which we then turn in and its much more than 70 in tips for the week.. The cars we wash are mostly luxury cars (bmw, lexus, porshe, benz). There is no way that less than 100 is all we get in any given week, if you see what i'm saying.

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      • #4
        Just to be clear, GA is a "just like federal" state as far as tipped employment is concerned. Under federal rules, while the employee must be paid at least the federal minimum wage of $7.25, as much as $5.12/hr can come out of tips. Federal law (FLSA) does not say that the employer must pay the entire tipped amount in addition to MW.

        http://www.dol.gov/whd/regs/compliance/whdfs15.pdf

        http://www.dol.gov/whd/state/tipped.htm#foot9
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Thank you for those links. It states:
          "The employer may provide oral or written notice to its tipped employees informing them of items 1-5 above. An employer who fails to provide the required information cannot use the tip credit provisions and therefore must pay the tipped employee at least $7.25 per hour in wages and allow the tipped employee to keep all tips received. "

          We were not informed of tips going towards our wages.

          And also I hear that all tips must go towards the employees.
          I just want to make sure all this is true, if i decide to bring it up.

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          • #6
            If the employer has not provided notification, then the employer is an idiot. HOWEVER, they are almost certainly going to claim that they did provide notification (whether or not they really did) and even if they did not, they can certainly notify on a go forward basis very easily. GA in theory has a DOL, but in practice it is a completely unfunded agency with no employees that does nothing. Meaning you are at best talking about a wage claim with federal DOL or a small claims court action. With the near certainty that the employer's response to a lack of notification will be the "liar, liar, pants on fire" defense. Which sometimes works. Long term, one way or the other notification is going to occur. And this is EXACTLY the way all tipped MW employers in GA and most of the rest of the US work. Lets look at an example. Bob is a tipped employee in a just like federal state. The employer must pay Bob at least MW, but only $2.13/hr has to come out of the employer's pockets. The rest can come out of employee tips (if any). Bob works 40 hours this workweek.
            - If tips are zero, Bob is paid $290 (40 x $7.25/hr), all of which is paid by the employer.
            - If tips are $100, Bob is still pad $290, with the remaining $190 paid by the employer.
            - If tips are $500, the employer pays 40 x $2.13/hr ($85.20), and the employee gets the $500 in tips. Meaning the remaining $5.12.hr comes out of tips, not the employer.

            This ignore the possibility of a tip pool, and other exceptions.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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