tn break times and salary concerns for tipped employees

[syhahu]

i have a couple of questions concerning break times for restaurant employees and also the pay rate for preparation and clean up time prior to and immediately after the shift for which you receive tips. first, i understand that a meal break of 30 min has to be given after 6 hours worked, but what about just a break for 10-15 minutes? and if this is allowed is it okay to quickly eat during this break? second, as a server paid 2.13 per hour is it okay to be clocked in at that amount for the entire shift you work (including the preparation and clean up before and after shift)? thanks!

[Pattymd]

As long as the tips for the week make up the difference between the $2.13 and the minimum wage for ALL straight-time hours worked, that is legal.

Regarding breaks, if you are receiving paid breaks, it is completely up to the employer whether he/she allows you to eat during that time. It does not, however, relieve the employer of the legal obligation to provide the unpaid meal period.