Many employees rely on tips from patrons to supplement their wages. A few types of jobs classify employees as tipped workers for tax purposes, meaning their tips are treated as taxable income rather than extra compensation. This is an unfair assessment if you are a tipped employee who depends on such pay.
Minnesota is a no-tip credit state, so employers must pay the state minimum wage to all tipped employees. Your employer cannot pay a lower wage and expect you to make up the rest in tips. The state generally requires that tips belong to the employee who earned them, and employers cannot take or improperly redistribute those tips. In that case, you need help from a Minneapolis restaurant and tipped worker wage dispute lawyer at Wanta Thome Employment Lawyers, where our team of attorneys is ready to assist you with your claim.
Our award-winning wage and hour attorneys work on contingency, meaning you owe us nothing until we recover compensation on your behalf. For honest, timely, and strategic legal representation, schedule your consultation with Wanta Thome today.
The state’s current minimum wage is $11.41 per hour. Employers must pay all workers at least that amount, although the city has a minimum wage of $16.37. Tips belong to the employee who receives them, and employers cannot require tip pooling. If employees choose to voluntarily share tips, such as bartenders sharing tips with barbacks and bussers, they may do so.
Regardless of tip pooling, employers may not use tip credits against wages. They also cannot make any deductions against the employee’s wages or tips for:
Workers must receive tips by card or e-payment to their bank account. Employers cannot take or pay tips in cash.
If you are a restaurant or tipped worker and have had any of your tips and wages withheld, contact a Minneapolis employment attorney from our firm to file a dispute and request compensation before your time runs out.
Taking your tips or using tip credits in violation of state law is an act of wage theft. If you are a Minneapolis restaurant or tipped employee and become a victim of wage theft, a skilled lawyer from our firm can explain several options you have for filing a dispute.
First, you can file a claim with the state’s Department of Labor and Industry. The state could help you recover missing wages after quitting or termination of employment, or if it has been more than 31 days since your last payment.
Secondly, you can also file your own civil claim. Our team of attorneys at Wanta Thome can help you begin a legal claim against your employer to recover your lost wages, tips, and other withheld compensation.
We will review your case and provide legal advice on how to proceed. In some cases, we may recommend you file a claim through the state office first. Otherwise, we will begin working on your claim immediately.
If your employer is taking your tips or misusing them to reduce your wages, you have the right to take action and recover what you are owed. At Wanta Thome, we will assist you in gathering your documentation and filing a claim against your employer so that you receive your wages and other compensation as soon as possible. Contact our office today for a free and confidential consultation with a Minneapolis restaurant and tipped worker wage dispute lawyer.