Restaurant Employment Law

Eating out is something we all love to do every once in a while. Whether it is our favorite restaurant or to try a new food, there is something about going to a sit-down restaurant and being served delicious food that appeals to Americans. It appeals so much that countless restaurants line the nation’s streets with new ones popping up by the week. What we often forget when we go to these restaurants is that our waitress or waiter are often not properly paid for their work.

Many people assume that servers make minimum wage with or without tips but this doesn’t hold true for every case. Tipping laws are complicated and, according to the Cary Kane website, certain employers are permitted to pay sub-minimum wage because tipping employees is customary. This means that some servers can end up making less than minimum wage.

Beyond this, servers often do not get to keep all of their tips. Some are required to tip out, or give away, as high as 20% of their tips to other restaurant employees such as bus boys and bartenders. So if a server makes $100 in tips on a Friday night, they will be required to tip out $20 at the end of their shift. Problems such as these can leave some servers being unlawfully paid by their employers. In some of these cases, it may be necessary to contact a professional if you are unsure if you are receiving fair wages.

The service industry is a hard and complicated one to be involved in without the added problem of not receiving the wages you are rightfully owed. Tipping laws are some of the most complicated employment laws to date and a professional is often the only way to determine if you are being paid properly.