The hourly wage rate for all employers covered by the federal Fair Labor Standards Act Columbus and every other city is $7.25/hour. If the employer is not covered by the federal law, it is by the state minimum wage rate which is $5.25/hour.
Waitresses are often "tipped employees." There is a special "tip credit" that is available to employers of employees who normally receive tips. These employers can count the tips the tipped employees receive as a credit toward the pay that is due employees for all straight time (i.e. non-overtime) hourly wages that are due except for $2.13 per hour. In other words, if you are a tipped employee the employer only needs to pay you $2.13 per hour, provided that the tips you receive each week make up the difference between $2.13/hour and $7.25/hour ($5.12/hour) for each hour you work up to 40 hours in a 7 day period.
If you don't make enough tips to make 5.12/ hour in tips, the employer cannot take the tip credit and must pay you the $7.25 for all hours up to 40. If you have to share your tips in a tip pool with managers, supervisors, owners, or with employees who commonly are not tipped employees (e.g. order expediters, chefs, security guards, or other back of the house staff) the employer loses the benefit of the tip credit and has to pay you at least $7.25 for all the hours you work up to 40.
If the employer fails to comply he can be sued in federal court which will award the employee twice the amount that is owed to the employee, plus order the employer to pay the employee's attorney fees.
My firm handles all of these cases quite successfully. We collect our fees from the employer if we win. If we lose, we don't colelct our fees, so the employee is pretty well off under these arrangements. We would be happy to assist you.
Michael A. Caldwell
404-979-3154
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