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    Our daughter went to work in a bar as a tipped bartender. They told her she had to train for 3 days without pay, only tips. Her first day she worked 9 hours and made 30 dollars. If my math is correct this was way below minimum wage. Could you tell me the laws on this matter.
    CONCERNED PARENTS

  • #2
    On-the-job training is work and must be paid. Unfortunately, the only option in Florida for recourse is a civil claim or a claim with the federal DOL, which can only, for regular wages, enforce the federal minimum wage (which is lower than Florida's MW).

    In all such cases it is the duty of the management to exercise its
    control and see that the work is not performed if it does not want it to
    be performed. It cannot sit back and accept the benefits without
    compensating for them
    .
    (emphasis mine)
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm

    Also,
    Attendance at lectures, meetings, training programs and similar
    activities need not be counted as working time if the following four
    criteria are met:
    (a) Attendance is outside of the employee's regular working hours;
    (b) Attendance is in fact voluntary;
    (c) The course, lecture, or meeting is not directly related to the
    employee's job; and
    (d) The employee does not perform any productive work during such
    attendance.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.27.htm

    As you can see, this section fails because your daughter DID perform productive work during the training, it WAS during her regular working hours and it WAS directly related to her job (although only one component needed to be false for the time to be considered compensable).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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