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Tina, Lawyer
Category: Employment Law
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My follow-up question is ----I have a business, it's a

Customer Question

Attention Thomas Swartz    My follow-up question is ----I have a business, it's a business that boots cars when they park illegally a denver boot is put on their car, when I hired people to work as they are told that they make commission or bonuses on all boots completed even though this is their only task to do the job, otherwise they do nothing and receive a wage, this has been giving them close to 20 to 40% in additional wages. besides it being their job to immobilize vehicles they still receive a bonus or commission on each Boot. this is constant and regular basis which is in addition to this salary of which they get 2 to 4 dollars over minimum wage. what do I have to do to label my business or have it be in the same category as a waiter lets say. and pay under the minimum wage because they receive this type of compensation?

Submitted: 5 months ago.
Category: Employment Law
Expert:  Thomas Swartz replied 5 months ago.
Mike, I'm sorry but I don't believe that there is anything you can do to "label" your business or to somehow categorize it so that you can pay under the minimum wage. Whether or not your business is one of those that, "in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire" would be a determination made by the Illinois Department of Labor. Thomas
Customer: replied 5 months ago.

OK So who do I contact about this transformation or proper label?

Keep in mind our business or industry is fairly new roughly about 13 years old and still unfamiliar with legislation So being unique to any business Our industry never underwent any description or categorization.

We need to make this known and try to lobby it. Who and what organization/s are the ones we should approach?

Expert:  Thomas Swartz replied 5 months ago.
Well as I mentioned, I don't believe there is anyone you can contact to have your individual business categorized so that it does not have to pay minimum wage. You can try to contact the Illinois Department of Labor at their Minimum Wage/Overtime Information number at:(###) ###-#### ***** than this, you would have to try to reach out to your state legislative representation to have the minimum wage law amended to include your type of business within the definition of those businesses who may pay less than the minimum wage.Thomas
Customer: replied 5 months ago.

I am not looking to pay under minimum wage, However I am involved in a labor law suit for not paying enough overtime although I did pay close to the required time and a half. I was just thinking that since my business is so unique as a matter of fact i am the only private business in the city that does what I do---- I thought it be best to help my casey having my business categorized as this service type buses like a restaurant because the same situation exists as far as the constant commission.

So that I have a better defense!

Expert:  Thomas Swartz replied 5 months ago.
I don't think there is any way to categorize an individual business in your situation. Since you are already in a labor law suit, it would be best if you retain a local labor law attorney to provide you with the best possible defense.Thomas
Customer: replied 5 months ago.

That answer don't make sense. How did restaurants get their classification or label to begin with?

Expert:  Thomas Swartz replied 5 months ago.
The legislation I mentioned before - 820 ILCS 105/(4)(c) in effect gave restaurants the right to pay less than the minimum wage. The law did not specifically "classify" restaurants or give them a "label." Instead, the language of the statute read as follows:"(c) Every employer of an employee engaged in an occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes is entitled to an allowance for gratuities."It just so happens that restaurants have customarily and usually allowed their employees to accept tips as part of their compensation. Sometimes legislation is drafted this way to recognize existing customs in an industry rather than list specific businesses. In other words, when this law was passed, the legislature wanted to give some recognition to the fact that in certain industries like restaurants it has been a tradition or custom in that industry that its employees receive a good portion of their compensation from tips. And thus, the individual employers should not have to pay the full minimum wage in recognition of this custom.Thomas

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