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Wage= Florida

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  • Wage= Florida

    I have a number of questions and problems that i would like some answers to. However, i am not quite sure if this is the correct thread for all of them.

    I make 4.19 an hour which is now the Florida State minimum wage for tipped employees in florida. This is my first tipped position and i was not informed on how to write in tips, regardless of the fact that i continuely asked them how to fill in tips.

    The problem being i signed a paper saying that all my wages were correct, and their telling me that by initaling i am telling them everything is correct.

    First off, i was pressured by my manager to sign the paper without reading, he constantly threatens my job, and the way he was speaking to me was in the tone of, just sign this or your gone. he kept pulling the paper up, and telling me what it said so i didn't have to read it, just what people do to usually rush somebody along.

    Secondly I was also told to just sign my initials, i asked what about the tips and i was not told. So i don't see how if i was never informed of a rule, how i can be persecuted for lack of knowledge, especially when i'm going out of my way to find this out. Eventually i had to go online to look-up the wage laws which was surprisingly difficult to find.

    However i am still being robbed of re-imbursment. I need to make $24 daily to achieve minnimum wage. On average i make $10-$15.

    Not only are my wages being skimmed, but i am also rescheduled constantly. Almost every weekend i am told i am required to come in at this time now, or on this day. Usually i am informed less than 24 hours of the change. I am constantly kept late because they do not have enough employees that if one person calls off or cannot make it to work i am forced to stay. I am tempted to leave but am not sure that would be the best course of action, inturn making me look bad.

    I am just not sure what i can do, there has to be numerous law's this company is breaking, i can't afford to get my own place, i can't afford to pay for college, i can barely afford to pay my car insurance and get a meal. I am being taking advantage of by not only these bad economic times, but also because of my lack of knowledge about all wage and hour laws.

    I am making an effort, and have been for quite some time, to learn all the laws that apply to my situation. I now know that i am supposed to be compensated if i do not make enough tips to equal minnimum wage, i now know how to write in tips (which they still ignore) and i write them in every single day. I have been making copy's of my time sheets for the past two weeks, and im waiting for my next paycheck to double check them with.

    What can i do in this situation? They have caused me so much grief over this i am getting constant panic attacks and have to now go see a doctor. Every single day they mess with something and i end up getting the short end of the stick and i can't take it anymore...

  • #2
    1. Signing something saying your wages were "correct" does not preclude you from filing a claim for failure to pay minimum wage.

    2. Here is an excellent publication regarding reporting of tip income.
    http://www.irs.gov/pub/irs-pdf/p531.pdf
    And here is the IRS-provided form.
    http://www.irs.gov/pub/irs-pdf/p1244.pdf

    3. There is no law prohibiting the employer from changing your work schedule daily, if they want to. Not great management, but not illegal either. Nor is there any prohibition against keeping you past your scheduled "out" time; leaving regardless could, in fact, get you legally terminated.

    4.
    Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating Florida's minimum wage law. The state attorney general may also bring an enforcement action to enforce the minimum wage.
    Unfortunately, Florida, in its (sarcastically) wisdom, basically did away with its Dept. of Labor several years ago. You could file a claim with the federal Dept. of Labor, but it can only enforce the federal minimum wage, which is lower than Florida's.

    5. You can report to the IRS that your employer is understating your wages by not reporting the tips that you report to them. The IRS does not look kindly on employer's underreporting employees' wages, because that means they are also not deducting taxes that they are required by regulation to deduct.

    Here is more information regarding tipped employees that you should familiarize yourself with.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf

    This employer is either ignorant of the laws or don't care (in which case, maybe they deserve to go out of business).
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