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Our employer wants all waiters to go clean the restaurant, we getting paid the minimum, is that legal?

Aspen, CO |

im a waiter and we have a mandatory cleaning day!

Attorney Answers 3

Posted

It depends on what minimum wage you are receiving and how much you receive in tips when you are performing your regular work. If the employer is claiming a credit for tips in order to pay you less than $7.64 per hour, then there could be a problem with requiring you to work for a day during which you receive no tips.

Per the Colorado Department of Labor and Employment: "If an employee’s tips combined with the employer’s cash wage of at least $4.76 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages."

If, overall, you are actually making minimum wage, it doesn't appear that the cleaning day would be a problem. If the employer is still paying you $4.76 during the cleaning day, then you may end up below minimum wage and that would be a problem for the employer.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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3 comments

Asker

Posted

We are getting $4.21 which is lower then the minimum. The means they have to pay us the difference to make $7.64 per hour right? and do people getting paid minimum are supposed to be getting at least $30 dollar or more in tips?

Stephen Clark Harkess

Stephen Clark Harkess

Posted

$4.21 is too low even if you are receiving tips the whole time. You may want to contact the Department of Labor. If there are a lot of employees working at the business, it may be worth talking to an attorney about a wage claim. In addition, if the tips actually received do not average $3.43 per hour worked (including the cleaning day) then the employer is responsible for making up the difference.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

In short, the cleaning day is not a problem in itself, but the wages you are being paid are an issue.

Posted

Mr. Harkess is spot on in his advice.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

I agree with my learned colleagues.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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