Can my restaurant employer pay me only 2.83 an hour before the restaurant opens?

Question

I work at a restaurant, and we are typically scheduled to go in an hour before it opens to get everything started. During this hour, I have no opportunity to make tips, so I only get paid the minimum server wage. Is this legal? I have heard mixed opinions and would like a reference to verify the laws on this matter. I live in Pennsylvania.

Answer 1

Yes, (where I live it is)....You are a tipped employee...almost like you were your own contractor and you are being paid for services that you will still make a profit from....that probably didn't make sense!

Let's try again; your employer only has to pay you the minimum server pay that is required by law, as long as you are working as a server.....They only have to pay you more if you have had no tables the full shift or your tips (assuming you are turning them in) plus your hourly pay does not ad up to regular minimum wage (for general workers)...then they only have to compensate and pay you the difference to total the minimum wage requirement....Example,...$2.35 per hour for 4 hours plus $5.00 in tips for four hours (we'll just say you had a bad day....this does not add up to minimum wage...you should be compensated to total minimum wage....or you could be fired for being a crappy server...lol

And really, restaraunts can fudge it if they want to....they will find a way...they could even average everything out by your pay schedule (weekly-biweekly)....they are not going to want to compensate.....make your tips, forget that you even get paid hourly and work hard at those tables - smile - and pretend that your paycheck is a small bonus! That would be my advice to you!

Answer 2

heyyyy

Answer 3

no it is illegal you must clock in under another prefix like busser or maintenance.

Answer 4

if you work a shift and have no tables all shift long then you are compensated the difference to make up minimum wage. if you do have tables and make money then the 2.83 applies.

Answer 5

It's legal because your still a server. They can pay you whatever you want.

Answer 6

I would think you would get minimum wage at least but I could be wrong. That would kinda suck. I mean since there's no tips that's why you should get minimum wage . ???? Good luck.

Answer 7

No, you have to get paid AT LEAST minimum wage...or the wage agreed upon when you were hired.  Anything less than minimum though is definitly illegal.

Answer 8

Wow, if that's true... I would find another job!

Answer 9

I would call the labor board in your state. I think they have to pay you minimun wage until the restaurant opens.

Answer 10

Find out what your states minimum wage is.  Ours is around $8.40/hr.  

Your employer is never allowed to pay less than the minimum.

Answer 11

Sadly, yes. As long as you claim at least 30 dollars in tips each month and it would be impossible not to, especially if your credit card tips are already claimed. see the fourth section and you'll understand.

http://www.dli.state.pa.us/landi/cwp/vie...

Answer 12

Yes, it is legal. :( It sucks, but they can do that.  I was a server for years and only one restaurant that I worked at (pizza hut) would let us clock in as "production" and not "server" if we were doing opening or closing sidework or if it was very slow and our tips and our hourly wage weren't making it to the regular minimum wage.

They can pay you that low because in the long run you are going to make more than what you would normally. (ie: Minimum wage $6 - 5 hr shift - they are assuming you will make make at least $30) and you always will make more.

Answer 13

yes it is legal that is the wage for servers....you are a tipped employee even if you aren't getting tables for an hour....that's just how it works.....wouldn't it be the same thing if the restaurant was completely dead...you'd still be getting paid 2.83 and hr...I live in FL and get paid 3.77 and hr....

Answer 14

It is legal, you must be paid an AVERAGE of minimum wage during your pay period. So with the $2.83 + your tips for the week you must make an average of the minimum per hour. If you do not make the average over the pay period they must pay you more.