Tourism and hospitality are a significant part of the economy in Key West. Many workers such as waiters, waitresses, bartenders, busboys, and food runners, and taxi drivers rely on wages and tips to earn a living. Problems occur when employers do not properly apply “tip credits” to the $3.02 difference between the employee’s actual hourly wage and the minimum wage. Florida minimum wage law allows employers to take a tip credit of no more than the FLSA tip credit of $3.02 established in 2003. Under the Florida Constitution, Article X, §24, the employer’s tip credit cannot exceed $3.02. As the minimum wage rises, the tip credit of $3.02 remains the same, while the direct wage to the tipped employee increases. If the hourly rate plus tips do not equal the minimum wage at $8.05, the employer must make up the difference.
Further, Tip pool violations can cost employees hundreds to tens of thousands of dollars in lost wages. If your employer requires you to pool your tips and share them with employees who do not directly serve customers. A Keywest Overtime Lawyer can recover retroactive compensation of $3.02 for every hour they worked for an employer who violated tip regulations, plus an additional amount in liquidated damages
When it comes to minimum wages and overtime tipping law in Key West, it can be very costly for employers that do not follow the law. Bad business practices not only cost hospitality employees the correct amount of money they deserve, but it is also against the law. Some employers utilize the following tricks to cheat their workers: a) failing to combine hours for work at different locations b) making illegal deductions for was ours and missing uniforms c) making an employee come in and set up and cleanup aside from regular work and not credit that towards time.
Despite the recent increase in the minimum wage, many restaurants and hospitality businesses have not complied with minimum wage and overtime tipping law in Key West.
Overtime and Tipping employment lawyer Todd W. Shulby, P.A. protects the rights of workers to ensure they receive just compensation.
In addition to providing representation for cases involving minimum wage and overtime tipping law in Key West, the law office of Todd W. Shulby also offers legal counsel and advice in cases involving overtime compensation, labor law, wages, discrimination.
If you have a dispute involving minimum wage and overtime tipping law in Key West, call the law office today and schedule a consultation.