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Restaurant Employee New Jersey

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  • Restaurant Employee New Jersey

    My daughter is an employee at a restaurant. Her salary is $3 per hour, however on her paycheck, it shows that she makes $6 but is only paid for half the hour that she worked. He tells her that it's for her benifit but I don't understand how? What is the reason her employer would do this & is it legal?

  • #2
    Tips from clients?

    Originally posted by marci7400 View Post
    My daughter is an employee at a restaurant. Her salary is $3 per hour, however on her paycheck, it shows that she makes $6 but is only paid for half the hour that she worked. He tells her that it's for her benifit but I don't understand how? What is the reason her employer would do this & is it legal?
    Does your daughter receive tips from clients of the restaurant?
    I am not an attorney. My personal opinions are not legal advice.

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    • #3
      Yes, she does make tips most nights. The restaurant is near the beach so during the winter it's very slow and a few times she has gone to work & was sent home after a couple hours because she had no customers.

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      • #4
        http://www.dol.gov/whd/regs/compliance/whdfs15.pdf
        http://www.dol.gov/whd/state/tipped.htm#NewJersey

        If all these rules are not being followed, she can file a wage complaint with the state Dept. of Labor. Note that minimum wage plus tips must average out to at least minimum wage on a weekly basis.
        Last edited by Pattymd; 01-31-2010, 12:50 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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