Job refuses to pay me half my paycheck because "I can't prove I got paid under minimum wage" even though I have my paycheck?

Asked 8 months ago - Boise, ID

I recently started working for a new restaurant in Oct. 2013 as a Busser (buss tables, run food, be the server's second hand) and I get 8% of a servers tip. I am payed biweekly, and when I got my first check I worked a total of 40 hours, was payed server wage (3.35/hour). However during this time, I got a total of $40 in tips for the hours I worked (So my wage came out to basically 4.35/hour). The employer realized their mistake and switched us to $7.25/hour because they realized we weren't making enough tips to cover the cost. I've spoken multiple times to management and the higher up about getting the rest of mine (and half the staff's) paycheck, but they state that I can't prove I didn't make the extra $120+ in tips so they can't pay me. Can I do anything about this? Should I file?

Attorney answers (3)

  1. Scott Ross Learned

    Contributor Level 8


    Lawyer agrees

    Answered . It is the employer's job to show that you did receive enough in tips -- not your job to prove that you didn't. And if you sue and win under the fair labor standards act (FLSA) you get attorney fees, so it is likely you can find an attorney who will want to work with you and your coworkers.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. Jefferson Ragnar Griffeath

    Contributor Level 8

    Answered . It's going to cost you far more to get a lawyer than you could possibly recover.

    You need to quit.

  3. Ryan E. Farnsworth


    Contributor Level 4

    Answered . You may find that the easiest way to resolve your problem is filing a complaint with the Idaho Department of Labor. Get as many affected workers as possible to file the same complaint. It is their job to investigate this type of claim and they can make the employer pay you, and fine the employer if necessary.

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