FairLaw Firm
Serving Miami, FL
Tipping Practice Claims in Miami, FL
The FairLaw Firm helps tipped employees – servers, waiters, waitresses, bartenders, and bussers – who were cheated out of tips as a result of improper tip pooling practices.
Restaurants, clubs, and bars commonly employ tipped employees such as waiters, waitresses, servers, bussers, busboys, bartenders, and barbacks. Tipped employees are entitled to receive at least a minimum wage, but they often agree to get paid less than the minimum wage in exchange for receiving tips from customers. The law allows this, but the law in this area is very strict and very specific, and many employers don't follow the law. An employer who does not properly pay tipped employees can be required to pay the difference between the wage actually paid and the minimum wages or overtime wages owed, plus a penalty known as liquidated damages of an amount equal to the wages due, plus attorneys' fees.
My office routinely handles cases for tipped employees and is familiar with the many ways in which employers violate the law by following the strict regulations that apply.
Tipped employees can be paid $3.02 less than the minimum wage <https://www.fairlawattorney.com/wage-and-overtime-law/>, but a tipped employee must be paid for all time worked, must be reimbursed for all employment-related expenses (uniforms, aprons, tools of the trade), and cannot be required to share tips with managers, supervisors, cleaners, or cooks. This means that if a manager, owner, or someone who doesn't interact with customers or works in a position that doesn't usually get tips, then the employer can't take the tip credit. For an employee, this means that you could get to recover $3.02 for every hour worked - which adds up very quickly! Employers also must ensure that tipped employees receive at least the minimum wage when you combine the "tip credit" wage (of $3.02 less than the minimum wage) with the tips received.
The current federal minimum wage <https://www.fairlawattorney.com/minimum-wages/> is set at $7.25 per hour for each hour worked. The Florida minimum wage <https://www.fairlawattorney.com/wage-and-overtime-law/> has exceeded the federal minimum wage <https://www.fairlawattorney.com/wage-and-overtime-law/> since June 1, 2011. The 2014 Florida minimum wage <https://www.fairlawattorney.com/minimum-wages/> was set at $7.93 per hour. The Florida minimum wage <https://www.fairlawattorney.com/minimum-wages/> has since been set at $8.05 per hour since January 1, 2015.
Oftentimes, employers will make the mistake of paying the "tip credit" or reduced hourly wage for time spent in pre-shift meetings, for other mandatory meetings, and for excessive time spent doing side work. This is not legal. I also have seen employers require their employees to not only pay for their uniforms, but to also buy costumes for special occasions without reimbursing their employees. The problem with having employees pay for these things is that these expenses are deducted from the weekly wage and can result in a minimum wage violation.
Another type of mistake occurs with tip pools. Tip pools are only valid when they include non-managerial employees who have customer contact. Employers often violate tip pools when they include a manager or supervisor or someone who does not usually receive tips (such as a cook, chef, or cleaner). This is often referred to as "tipping out".
Employers have been known to violate the law when they pay a set amount for each shift worked, or by paying a set salary, regardless of the number of hours worked. This usually results in a tipped employee being paid too little - leading to a possible minimum wage <https://www.fairlawattorney.com/minimum-wages/> or even an overtime <https://www.fairlawattorney.com/overtime/> wage claim.
Tipped employees also are entitled to receive overtime pay <https://www.fairlawattorney.com/overtime/> calculated at time and one-half times their regular rate of pay for all hours worked over 40 hours in a workweek.
Tipped employees in the hospitality industry are quite common. The way that the employees are paid can also be a problem, as many in the hospitality industry misclassify employees by paying them as independent contractors. This is a prevalent practice with exotic dancers, who are frequently paid as independent contractors - improperly.
The FairLaw Firm <https://www.fairlawattorney.com/> is familiar with how employers mistreat tipped employees. My office provides a FREE CONSULTATION and handles most cases on contingency, which means that we get paid only when you get paid. And the employer has to pay attorneys' fees! So, contact us <https://www.fairlawattorney.com/2014/fairlaw-firm-teams-up-for-collective-action-lawsuit/> now
Reviews
I am very happy to have found Brian H. Pollock to help me when I needed help getting paid my final paycheck. His staff was friendly, informative and kept me up to date during the whole process. Brian met with me in person and listened to my needs and helped me get the results I wanted. Him and his staff are very professional and just down right good people. I recommend FairLaw Firm to anyone who needs help getting unpaid wages back. They will definitely help you out!
Inmejorable experiencia, dado a un conflicto laboral que tenia, y que ningun otro abogado o bufete queria aceptar mi caso dado a que para ellos no era una gran cuantia. Desde de mi llamada para exponer mi caso y ver si me lo aceptaban, sus asistente Jissel y Cynthia, prestaron atencion y se interezaron por agendarme una cita lo mas pronto posible, para hablar con el Dr. Pollock. Al hablar con el Dr Pollock, y contarle la situacion se interezo por mi caso y me mostro un panorama positivo frente a este, caso contrario que otros bufetes de abogados no ofrecian ni se interesaban, grata experiencia, calidez y por supuesto EFECTIVIDAD. Solo me resta por recomendar y agradecer al Dr Pollock y a todo el equipo FairLaw Firm, mi gratitud hacia ellos.
FairLaw Firm did a great job. Communication was fast and efficient, my lawyer was always available and ready to guide me or answer any question I'd had. If you are looking for a law firm to help you and take care of you, look no further. Thanks for helping me!
I had a very pleasant experience with them very professional. Recommended 100%
Very professional and detail oriented, highly recommended.
Very profesional Law Firm..
Muy buen abogado se los recomiendo 100% gracias por por todo Brian
Ante de elegir mi abogado he visto algunas otra opciones, pero cuando me senté en frente a ellos y le explique mi caso me sentí inmediatamente asesorado. Me explicaron lo q iban a hacer por mi y las varias opciones, fue todo claro y todo se resolvió rapidamente. Mención especial para Giselle, una mujer muy amable y professional. Lo recomiendo a todos. Gracias
Very satisfied . with the firm and honestly i will not change this attorney for no one else very honest person and loyal .also he has the attitude that every client needs from a attorney . very good brian pollok keep it . up to me your the best .
I am really satisfied with his work, and professionalism. I recommend his service 100 %.
Over the past two decades, I have had the privilege of working with the finest attorneys in the fields of litigation, maritime, aviation, tax, and IP law. Mr. Pollock is up there with the best of them. When it comes to knowledge of employment law, legal procedure, strategic planning and overall execution, he is second to none. He is a no nonsense lawyer with a brilliant legal mind and a terrific support staff around him.
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