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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12609
Experience:  Significant experience in all areas of employment law.
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Is time & a half mandatory in a restaurant ?

Customer Question

Is time & a half mandatory in a restaurant ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and welcome.
Unfortunately, your employee is correct and time and a half is mandatory for restaurant employees who work more than 40 hours in a workweek. Basically, the overtime amount is calculated by taking minimum wage ($7.25/hr) and multiplying it by 1.5, which gets us $10.88. Then from that we subtract the tip credit, which is the difference between the base hourly wage you pay (the minimum base wage you can pay in WI is $2.33/hr) and minimum wage. So if you are paying the minimum base wage this number would be $4.92, which means you would need to pay overtime at $5.96 per hour for every hour of overtime worked on top of the tips actually earned.
I hope that this answers your question. If I can provide any further clarification just let me know.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.