The Florida
minimum wage is $7.31 per hour. Most employers of "tipped employees" may
count tips actually received as wages under the Florida minimum wage. Instead of
paying $7.31 per hour, the employer must pay "tipped employees" an amount
equal to the minimum wage ($7.31) minus the 2003 tip credit ($3.02), or a
direct hourly wage of $4.29. So,
according to the state of Florida,
she is entitled t the munificent sum of $4.29 per hour as opposed to $3.13. But then again, perhaps the $3.13 is what she
makes after deducting for Social Security and other deductions that are largely
subtracted only from the earnings of lower paid people. With a sales tax, which I believe in Tampa is 7%; it is hard to
see how she can live on $7.31 an hour, much less having her employer get to
reduce her pay, and their cost, by her projected tips. In my state, Minnesota, service workers are entitled to
the full minimum wage, and their tips.
If, in fact she is not receiving even the full $4.29 per hour, she has a
claim that is worth pursuing, as there are serious repercussions to the
employer, if the workers are willing to seek legal recourse. I have represented workers where the employer reduced the
employee's pay by the cost to the restaurant to pay the merchant service fee on the credit
cards with which tips were being paid. It may not seem like much, but the 4% extra deducted from tips can open the employer to substantial payments to the employees, and the employer has to pay the employees' legal fees. Servers are taken advantage of enough by their
employers; the law does impose some limits, even if employees are afraid to
avail them selves of those remedies.
Answered on Sep 04th, 2011 at 6:53 PM