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Currently, we paying our wait staffs $3.35 + $ 12.95 tips

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per hour, with overtime rate...
Currently, we paying our wait staffs $3.35 + $ 12.95 tips per hour, with overtime rate, $ 9.88 per hour +$12.95 tips reporting, that's $22.83 per hour. Wow! That's $ 7.83 over the minimum. Are we paying correctly?
Submitted: 1 year ago.Category: Employment Law
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2/2/2016
Employment Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30,589
Experience: Former judicial law clerk, lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Massachusetts law requires that a tipped employees receive at least $3.35 per hour, as long as their tips bring them up to $10/hour. As long as you are accurately reporting the tips they're getting and paying $10/hour when an employee doesn't get tips to bring them up to $10/hour, that is correct. When servers work overtime, their tips plus minimum wage must work out to at least $15/hour, but the tip credit is the same.

When tips put the servers over the minimum wage, that's really just more incentive for them to provide good service, which will hopefully result in customers returning to your restaurant (that's the idea between allowing a tip credit instead of making you pay $10/hour flat rate).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lucy, Esq.
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Category: Employment Law
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