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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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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.
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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.

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