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Is an employer required to make up the difference in base pay and minimum wage if you don't make enough in tips?

Clemson, SC |

I work at a huddle house and we get a base rate of 2.13/hr. However, the tips that I claim don't add up to the 7.25 minimum wage, and my employer goes back into the computer and changes how much I actually do declare in tips so it looks like I am actually making minimum wage. Is this legal?

Attorney Answers 1

  1. No. it is not legal and is a violation of the wage provisions of the Fair Labor Standards Act. The act itself provides for damages and attorney fees. There is a statute of limitations that allows you to look backwards for 2 years, possibly 3 years. There are also retaliation provisions that protect employees under the statute. I would see a wage and hour attorney immediately. Most attorneys who practice wage and hour law represent employees in cases all over SC.

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