Pennsylvania Tipped Employee paid $2.83/h for closing work.

[Rockwell108]

I work at a restaurant as a server that closes its doors at 11pm on friday and saturday and closes at 10pm sunday through thursday. I do not recieve tips after my guests leave, however, me and a few other servers are required to stay an additional hour (after close) or so to clean the trays and breakdown and clean the kitchen area. My question is are they allowed to pay me only $2.83/h for that last hour that I am not being tipped? Just curious. If they are allowed to do this, then why are the servers that come in an hour before the restaurant opens being paid $5.15/h for that first hour they are not being tipped? This is in Pennsylvania.

[Pattymd]

See the link here. http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm

[Rockwell108]

So the answer is no, I am not entitled to additional pay above $2.83. Then why do the openers get paid more? Thanks for the link Pattymd.

[Pattymd]

Who knows why? How do you know that they do?

[Rockwell108]

They tell me they do and I see it on their paystubs where the hourly rate is adjusted. I have also opened before and gotten a higher rate on my paystub for opening.

[Pattymd]

Other people are showing you their paystubs? hmmmmmmm
If you choose to go to your employer with this, I would recommend NOT saying that "because other people do".

[Rockwell108]

I will ask them about it with my stubs as examples. Thanks for the advice.