Our Top Ten Restaurant Worker and Wait Staff Issues

  1. A restaurant worker cannot be required to waive their right to receive tips.

  2. An employer is not permitted to demand or except the tips left for employee restaurant workers.

  3. Restaurant workers must be paid at least minimum wage, or "tipped minimum wage" plus tips*.

  4. Even when paid by the day/week/shift a restaurant worker must be paid overtime for working over 40 hours per week.

  5. Restaurant workers must be paid overtime of one and one half their hourly wage when working more than 40 hours per week.

  6. Restaurant workers cannot be charged for breakages, walkouts, or similar types of expenses.

  7. Fixed gratuities and service charges are considered tips for employees, unless clearly identified to the customer not to be a gratuity or tip.

  8. Maintenance of employee's uniforms cannot be charged to a restaurant worker.

  9. When working more than 10 hours per day a restaurant worker is entitled to one extra hour of wages for the day, in addition to any overtime for that week.

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