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5.50/h Michigan Banquet employee Michigan

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  • 5.50/h Michigan Banquet employee Michigan

    Currently employed at a hotel, where the title is "service worker" basically the set up and running of anything using the hotels banquet facilities. Question is, is it legal to be being paid 5.50 an hour "plus tips" on days where there is no gratuity or cash being made? also each day a half hour is taken from us when we work over 4 hours for break, when sometimes we must work straight thru.. sorry for the bad grammar thanks in advance.

  • #2
    You must make at least minimum wage for the pay period.

    In some cases if the duties you preform are classified differently, you must make minimum wage for doing that job.

    http://www.michigan.gov/dleg/0,1607,...673---,00.html

    Comment


    • #3
      Actually, GotSmart, it's for the workweek.

      OP, this fact sheet speaks directly to the issue of tipped employees. You should read and become familiar with it.
      http://www.dol.gov/whd/regs/compliance/whdfs15.pdf

      If you don't get at least 20 uninterrupted minutes for a meal break, it is not a bona fide meal period under the FLSA and the time must be paid. If you are not getting paid for all time worked, you can file a claim with the State Dept. of Labor.
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.19.htm
      Last edited by Pattymd; 11-10-2009, 03:57 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Patty,

        Gotcha on this one.

        From your link.

        Dual Jobs: When an employee is employed concurrently in both a tipped and a non-tipped occupation, the tip credit is available only for the hours spent in the tipped occupation. The Act permits an employer to take the tip credit for time spent in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips, provided such duties are incidental to the regular duties and are generally assigned to such occupations. Where tipped employees are routinely assigned to maintenance, or where tipped employees spend a substantial amount of time (in excess of 20 percent) performing general preparation work or maintenance, no tip credit may be taken for the time spent in such duties.


        (little dance!)

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        • #5
          Well..

          tipped credits... does that mean as long as im making above min wage total with gratuity that i am legally being paid the right way? + i bartend during banquets.. can the establishment legally make me split my tips equally with all ppl working the party? thanks in advance

          Comment


          • #6
            That was also discussed on the federal DOL factsheet that Patty suggested you read. It is really a good idea for anyone who works for tips to read that particular factsheet in it's entirety.

            The obvious unanswered question is just what "customary and reasonable" means. There is no bright-line test here. Instead your local court or administrative ALJ would have to look at prior decisions to see what they think this means. Practically it means that you file a wage claim and it works or it does not. It also means that exactly the same facts could come up with different answers in different jurisdictions.

            Tip Pooling: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips used for the tip credit may be taken for a pool. Tipped employees cannot be required to contribute a greater percentage of their tips than is customary and reasonable.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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