FLSA Rights: Compassionate Lawyers For Tipped Workers
Working men and women in various industries, including hospitality, food service, and adult entertainment rely on tips as the lion’s share of their income. At Georgia Wage Lawyers, we understand the challenges faced by tipped workers.
If you are a tipped worker experiencing unfair treatment or wage violations, our legal team is here to help. We will advocate for your rights, fight for fair compensation, and recover the pay that you have earned.
The Fair Labor Standards Act (FLSA) and Tipped Workers
The Fair Labor Standards Act (FLSA) provides specific guidelines and protections for tipped workers. The rules are complicated, but there are some basics we should all understand.
- Tips do not eliminate an employer’s obligation to pay a minimum hourly wage. No matter how much you earn in tips, your employer must also pay you an hourly rate at the minimum wage; but the employer may also take a “tip credit” that reduces the minimum wage.
- An employer can reduce a tipped worker’s minimum hourly wage by a “tip credit” of up to $5.12 per hour. This is why the typical hourly wage paid to a tipped worker is $2.13 (i.e., $7.25 – $5.12).
- An employer who takes a tip credit must ensure that your tips equal or exceed the value of the tip credit. If they do not, the employer must make up for the difference.
- There are many rules concerning an employer’s use of a tip credit. If the employer violates any of them, it may be liable to the tipped employee for the full value of the tip credit.
- The tip credit does not increase for overtime hours. The standard minimum wage overtime rate is $10.88 (i.e., $7.25 x 1.5). The application of the full tip credit to a tipped employee’s overtime rate results in $5.76 (i.e., $10.88 – $5.12). It is not $3.20 (i.e, $2.13 x 1.5).
- It is illegal for our employer or a supervisor to require that you share a part of your tips with them for any reason.
- An employer may require that tipped workers pool their tips. Tip pools may not, however, include anyone other than traditionally tipped workers, and may never include managers.
Employers who violate these results commit wage theft. Georgia Wage Lawyers can provide valuable assistance to tipped workers ito fight back against wage theft. Our experienced attorneys can help assess your situation, determine if you are being properly compensated, and take legal action to recover any unpaid wages or pursue other remedies. We will guide you through the process, advocate on your behalf, and work diligently on your behalf.
Why Hire An Expert Wage Lawyer?
Our primary goal is to fight for fair compensation and justice for tipped workers. Whether you have been denied minimum wage, experienced unlawful tip pooling practices, or faced other forms of wage violations, we will fight for your rights. We will employ a range of legal strategies to ensure you receive the compensation you deserve, including:
- Negotiating with employers: Our skilled attorneys can engage in constructive and strategic negotiations with your employer to reach a fair settlement; but only with your express authority and direction. We will advocate for your rights, presenting strong arguments and evidence to support your case.
- Pursuing legal action: If negotiations with your employer do not yield the desired outcome, we will take the employer to court. We will initiate legal proceedings on your behalf to assert your rights and seek the appropriate compensation.
- Litigating your case: Our experienced litigators will represent you in court. We will present a compelling case, leveraging our extensive legal knowledge and expertise to fight for the compensation and justice you deserve. We have tried more wage and hour cases in Georgia than any other group of lawyers.
Rest assured that with our dedicated legal team by your side, we will explore every avenue to protect your rights as a tipped worker. Whether through negotiation, legal action, or litigation, we are committed to seeking the compensation and justice you rightfully deserve.
Protect Your Tipped Wages
At Georgia Wage Lawyers, we are dedicated to being your trusted legal allies. Our experienced attorneys will provide the guidance, support, and aggressive representation necessary to recover the compensation you deserve. We will fight for your rights and pursue justice. Schedule your consultation today and let us be your dedicated advocates.
Get A Free Consultation
At Georgia Wage Lawyers, we are passionate about protecting the rights of tipped workers. If you are a tipped worker facing unfair treatment or wage violations, our Atlanta tipped worker lawyers are here to help. Contact us online for a free consultation today!