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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I recently recieved a letter from my employer stating as follows

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I recently recieved a letter from my employer stating as follows "Due to economic recession the business known as franks place is not profitable at this time. this agreement is temporary until the economic recession in our country turns around. franks place does not want to lay off or terminate any employee. frank needs all employees co-operation in keeping our business open. starting april 30th 2009 all front of the house employees will no longer be paid by the hour. all front of the house employees will be paid $11.00 per shift. you will need to claim only enough tips to equal $6.79 per hour. aldo all front of the house employees will pay $1.00 per shift for beverages and smallware replacement. by signing below you the employee will agree to these terms and conditions until such time as the economy turn around."
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

I'm assuming from what you've stated that you want to know whether this so called "agreement" from your employer is legal. In short, it is not. Your employer cannot get around the minimum wage rules by making you sign an agreement. Unfortunately, your employer may have to face the music and let some people go. If your employer refuses to pay you, you can file a claim against them with your state's workforce commissions or employment department.   
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


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