- Workers’ Compensation
- Common Workplace Injuries
- Temporary Total Disability
- Workers’ Compensation FAQ’s
- Workers’ Compensation For Injured Airline Employees
- Workers’ Compensation For Injured Union Employees
- Workers’ Compensation For Injured Construction Employees
- Worker’s Compensation For Injured Factory Employees
- Firefighters, Paramedics, Police Officers And Certain Other Public Employees
- Chicago Transit Authority (CTA) And Workers Compensation
- Ford Motor Company And Illinois Workers’ Compensation
- American Medical Association Impairment Ratings: Only One Factor When Determining The Value Of Your Case
- What Is The Workers’ Compensation Act?
- Car Accidents
- Car Accident FAQ’s
- Broken Bone Or Fracture Injuries
- Neck And Back Injuries
- Traumatic Brain Injuries (TBI)
- Wrongful Death
- Femoral Neck
- Thoracic Lumbar
- Proximal Humerus
- Tibial Plateau
- Distal Radius
- Pulvic Ramus
- Back Strain (Lumbar Strain)
- Whiplash Injuries
- Spinal Cord Injuries
- Herniated Disk (Slipped, Ruptured Disks)
- Type Of Car Collisions
- Auto Accident Monetary Damages
- Third Party Cases
- Medical Malpractice
- Products Liability
- Dog Bite
- Slip & Fall
- Dram Shop
- Maritime Accidents (Jones Act)
- Pedestrian Accidents
- Nursing Home Neglect
- Motorcycle Accidents
- Truck Accidents
- Retaliatory Discharge
- Sexual Harassment
- Employment Discrimination
- Statutes Of Limitations
- Fair Labor Standards Act
- Family Medical Leave Act
- Social Security Disability
- Americans With Disabilities Act
Are there special rules for tipped employees?
Congress enacted an exception to the rules for calculating minimum wage for tipped employees. The federal cash wage minimum for a tipped employee is $2.13. (Rates may vary from state to state) An employer may credit tips to make up the rest of the minimum wage.
The tip credit the employer receives may not exceed the value of the tips the employee has actually received. If this amount fails to meet the minimum wage, the employer must make up the difference.
Employers may apply the tip credit only if:
If the employer is in violation of any of these conditions, a tip credit is not allowed.
Examples of tipped credit violations under the FLSA
One of the most common violations of the tip credit is when an establishment adds an automatic tip to a bill for large parties. The employer must pay the employee the entire amount of the tip. If they do not they are violating the tip credit provision of the FLSA.
If an employee is working two different jobs for the employer, such as a tipped waitress, or a non-tipped position such as hostess, the employer can only claim a tip credit for the hours the employee worked as a waitress. An employer cannot claim a tip credit for the hours the employee works as a hostess or any other non-tipped position.
Are there special rules for employees of hospitals and resident care facilities?
Under the FLSA, a hospital employee or resident care facility employee may receive overtime pay after 80 hours worked in a two week period as opposed to receiving overtime pay after 40 hours worked over a one week period. The employee must be informed of this prior to working overtime.