Hello,

I live in Florida and I'm a newbie to the resturant business. I just started to work yesterday as a busser. I get paid $5/hr + tip out at the end of the night... Yesterday I worked with a friend so there was 2 bussers on the floor and maybe 5-6 waiters. I worked an 8 hour shift on a regular night (not too busy/ not slow). At the end of the night i had to split $29 in tip outs. So $14.50 a piece. I did the math and it comes out to a wage of $6.81 on a regular night. Thats below minimum wage in Florida. What do you think i should do? Quit? Say something?

I would hustle to turn more tables so that more money is possible then figure out over an entire pay period what your wages are.  Quitting solves nothing and you can't base your wage on one nights work.  If at that point you are below minimum, ask the manager about it.

Y

My glass is not half empty or half full; the glass is just too big.

You need to calculate whether your average wage is above minimum wage over the course of the week. This is the time period that labor law considers when determining whether an employer met the minimum wage requirement after a tip credit.

Brandon O'Dell
O'Dell Consulting
phone: (888) 571-9068
email: brandon@bodellconsulting.com
web: http://www.bodellconsulting.com
blog: http://blog.bodellconsulting.com

Never underestimate the power of a sincere "Thank You."

At the end of the pay period, the restaurant should add up all of your hourly pay plus declared tips.  If you do not make minimum wage, then they should add additional compensation to meet this requirement.  If they do that, then you have to make a decision about whether or not to stay with the establishment based upon other factors.

If they do not make up the minimum, then I would start looking for another job.  They are legally obligated to make sure that you make this amount of money......

 

Food Write
The Responsible Serving of Alcoholic Beverages

Hi there,

I agree with Brandon and Beth - wait until you get that paycheck and make sure you made at least minimum wage for the number of hours worked.  (As Brandon said, it's calculated weekly, even if you are paid bi-weekly.) 

If you are still below minimum wage, make a copy of your paystub and bring it to the attention of your manager - politely .  Just say "I was reviewing my paystub, and I noticed I made less than minimum wage for this week."  Show your math on the stub if it isn't obvious.  As Beth said, the restaurant should kick in the extra - if they don't, you should leave, as you are legally in the right, but it will be easier to find a new job then bring a complaint.

This issue may be more complicated if you are not reporting tips to your employer.  Hopefully you are!  If not, you should start tracking your tips on IRS Form 4070-A, available for download on the irs.gov website. 

Good luck!!  :)

Laina Shockley
Ethos Vegan Kitchen