New reports that hotel food and beverage workers have reached a settlement
unpaid wage claim. 150 current and former food and beverage workers sued the Crowne Plaza
Hotel for its failure to reimburse them for tips they earned.
Laws concerning tips and tip-sharing can be complex. Consulting with an
Atlanta wage and hour attorney is important if you have questions about whether you are receiving all
the money you are entitled to or if you believe you have been unfairly
denied all of your wages.
Often, questions arise concerning the wages paid to workers and many times,
tipped employees fail to receive all the wages they are entitled to. While
both state and federal law require that workers receive are entitled to
minimum wage, where workers earn more $30 a month in tips, in some situations
employers may use a “tip credit” against their minimum wage
obligation. However, employers cannot use the “tip credit”
to avoid paying minimum wage. Additionally tips are only the property
of the employee and employers cannot use tips other than as part of a
Further, tipped employees may agree to a tip sharing agreement. However,
federal and state laws prohibit tip-sharing with employees who are not
directly involved in service to customers. Tip-sharing is generally allowed
among waitpersons, counter staff, bartenders and bus persons but not with
workers who don’t regularly receive tips such as dishwashers, cooks,
sales staff or others in management.
Problems occur when workers don’t receive minimum wage for any number
of reasons, such as not receiving sufficient tips to make up the difference
between the wage paid and minimum wage, or where employees contribute
to a tip pool that is invalid. Also, tipped employees are entitled to
overtime wages. Employers need to use care to ensure the overtime pay
is calculated using the correct rate of pay.
Due to the complexities involving tipped employees, if you receive much
of your income through tips, it is a good idea to consult with an experienced
Georgia wage and hour attorney to ensure you are receiving all the wages
If you have questions about your pay or believe you are not receiving what
you deserve, contact the experienced
Atlanta wage and hour lawyers at The Buckley Law Firm, LLC for a confidential consultation.