How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
71296933
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

I am working as a delivery person restaurant. I am not paid

Customer Question

I am working as a delivery person for a restaurant. I am not paid an hourly wage. I receive only $2.70 per delivery. I also get to keep my tips. If I start my shift when the store opens I am guaranteed to make $32 for the day. But the $2.70 I am paid for each delivery is deducted from that $32, then I get the balance. I live in Illinois where according to the Dept. of Labor I should be pain an hourly rate besides my tips.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  John replied 1 year ago.

This pay scheme is not legal. What you are essentially describing is a piece rate pay model with a tip credit against the piece rate. Piece rate is not a legitimate pay system for your occupation. You must be paid an hourly wage of $8.25. For tipped employees the employer can deduct up to 40% of this ($3.30 per hour) if you make at least that on average per hour in tips. So they could theoretically pay you $4.95 per hour plus tips. Anything lower than that however is a wage violation that you should consider reporting to the department because this pay system is completely non-conforming with the law.

Expert:  John replied 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Related Employment Law Questions