I am currently employed in Georgia as a waitress receiving 2.13 from my employer plus tips from customers. I was informed I need to pay for a uniform. Is this allowed in this state? I have seen several lawsuits in other states where waitresses are not allowed to be charged. I talked to national department of labor and two different statements were explained to me saying employees could be charged if they made more than $7.25, but laws for tipped employees were different. Then I talked to the Georgia department of labor and they only mentioned that if I received more than $7.25 an hour they could. I've been told multiple different things and have become confused and don't want to be taken advantage of by my employer.
The Georgia Department of Labor enforces only the workers compensation and unemployment compensation laws of Georgia. It does not enforce the federal minimum wage laws, and its employees have little expertise in the finer areas of wage-hour laws, which are enforced by the federal department of labor.
If your employer is covered by the minimum wage laws (most are), and if what you wear is actually a uniform within the meaning of the wage hour laws and regulations, the employer cannot take back any portion of your tips to pay for the acquisition or maintenance and cleaning of the uniforms. Doing so violates the "tipped employee " regulations of the US Department of Labor.
If your employer is making the deductions, it owes you the difference between your hourly pay rate and the federal minimum wage of $7.25 for every hour that you worked. There is a statute of limitations of 2 or 3 years (depending on whether the employer's violation is considered "willful" -- and most are). If you sue your employer you can recover twice the amount that the employer owes you (i.e.,the difference between the wage he paid you and $7.25 per hour). He will also be required to pay your attorneys fees. The employer legally is prohibited from retaliating against you for suing him because of his violation of the federal minimum wage laws. That increases the employer's damages quite significantly.
Wage-Hour cases are the only ones that I routinely accept on a contingent fee basis. This means we don't charge you if we don't win. If you would like to speak with me about this please call me next weeks.
Michael A. Caldwell
404-979-3154 (Direct)
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