The federal Fair Labor Standards Act (or FLSA as it is called), which governs payment of minimum wage under federal law, allows employers to take a “tip credit” toward its minimum wage for employees who customarily receive tips as part of their wages. Regardless, the employer must pay the employee at least $2.13 an hour, and must ensure that the employee receives at least the federal minimum wage of $7.25 an hour. If an employee’s tips, when combined with the employer-paid wages of at least $2.13 per hour, do not equal the minimum wage of $7.25 per hour, the employer must make up the difference.
If you have further questions about the FLSA, don’t hesitate to contact the experienced attorneys at Bolek Besser Glesius today.