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[mrdiesel2000]

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

[Pattymd]

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

[mrdiesel2000]

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