Missing Tips in Non Tipped Occupation

Ask - My boss changed my work schedule, I work now on hours that the restaurant isn't open, but I get still $2.15 per hour. Is that legal? answers.



I'm a busser at a cheesecake factory restaurant in NJ. The restaurant changed the schedule last week and now I need to start working at 9am, but the restaurant only opens at 11am. And still, for those two hours i'm getting paid $2.15 per hour. Is that under the law?


The Fair Labor Standards Act (FLSA) is very clear about your question:

"When an employee is employed concurrently in both a tipped and a non-tipped occupation, the tip credit is available only for the hours spent in the tipped occupation. The Act permits an employer to take the tip credit for time spent in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips, provided such duties are incidental to the regular duties and are generally assigned to such occupations. Where tipped employees are routinely assigned to maintenance, or where tipped employees spend a substantial amount of time (in excess of 20 percent) performing general preparation work or  maintenance, no tip credit may be taken for the time spent in such duties." 

You can find the above information in Paywizard's section Tipped Workers Regulation.

If you believe your employer is not paying you properly under the FLSA, contact the United States Department of Labor Office nearest to you. There are two offices: one for Northern New Jersey and one for Southern New Jersey. You may reach both offices toll-free at 1-866-4-USWAGE (1-866-487-9243).

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