Can my boss with hold my full pay and refuse to pay me minimum wage if I as a waitress sdidnt earn the difference in tips
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Can my boss with hold my full pay and refuse to pay me minimum wage if I as a waitress sdidnt earn the difference in tips
Asked on January 3, 2017 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No. You must earn at least minimum wage for the number of hours you worked. The law lets the employer get a tip credit and pay you less if you are in a tipped position on the assumption that the tips will (at least) make up the difference--but if they don't, the *employer* has to make up the difference. If they do not, they are violating the wage and hour law; you could file a complaint with the state department of labor for the unpaid wages.
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