If you are being paid as a tipped employee, you must be eligible to receive tips.
Employers must provide employees with more information before claiming a tip credit. If proper notice is not given, the employer will not be able to use a tip credit. The notice does not have to be in writing, but smart employers will want to document that they have complied with the law. A tipped employee must now be provided with the following information, before the employer takes a tip credit: 1. The amount of the cash wage the employer pays the employee, which must be at least $2.13 per hour; 2. The additional amount the employer is using as a credit against tips received, which cannot exceed the difference between the minimum wage ($7.25) and the actual cash wage paid by the employer to the employee; 3. That the additional amount claimed by the employer on account of tips as the tip credit may not exceed the value of the tips actually received by the employee; 4. That the tip credit cannot be applied to any tipped employee unless the employee has been informed of the tip credit provisions of the FLSA; and 5. That all tips received by the tipped employee must be retained by the employee, except for valid pooling of tips.
http://www.orlandoovertimepay.com/Articles/tip-credit-overtime-under-FLSA.html
Answered on Dec 31st, 2014 at 5:08 PM