| Tipped Employees |
Tipped
employees are those
who customarily and
regularly receive more
than $30 a month in
tips. The employer may
consider tips as part
of wages, but the employer
must pay at least $2.13
an hour in direct wages.
The
employer who elects
to use the tip credit
provision, must inform
the employee in advance
and must be able to
show that the employee
receives at least the
minimum wage when direct
wages and the tip credit
allowance are combined.
If an employee's tips
combined with the employer's
direct wages of at least
$2.13 an hour do not
equal the minimum hourly
wage, the employer must
make up the difference.
Also, employees must
retain all of their
tips, except to the
extent that they participate
in a valid tip pooling
or sharing arrangement.
Source:
http://www.dol.gov/esa/regs/compliance/whd/hrg.htm#3
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