Unpaid Tip Lawyer

Federal and State Law create stringent rules for tipped employees – workers who regularly receive tips as part of their compensation. Attorney Kevin M. McDermott II represents servers, bussers, valets, bartenders, and other employees who receive tips as part of their job.

You Own your Tips!

Most importantly – TIPS ARE THE PROPERTY OF EMPLOYEES!  While employers are allowed to require valid “tip pooling” (where tips are pooled together and distributed among other tipped employees), it is unlawful and illegal if owners, managers, or non-tipped supervisor take any part of the tips. It’s also illegal if employers require employees to use tips for broken dishes/glassware, missing silverware, or unpaid bills. Violating this requirement can result in harsh penalties for employers.

Minimum Wage Requirements for tipped Workers

Minimum wage – Tipped employees must be paid at least the federal minimum wage – $7.25 per hour – which may be higher under state law. However, employers can pay a lower cash wage of $2.13 per hour but only if the employee's tips bring the total hourly compensation up to at least the minimum wage. Some states have higher tipped employee wage requirements.

Tip Records

Employers must keep accurate records of all tips received by employees, as well as the amount of tip credit claimed. Employers must ensure that tips + wages meet or exceed minimum wage, again $7.25 per hour under federal law, or higher under state law.

We can help

If you suspect your employer is stealing your tips, if you are not being paid the minimum wage, or if your employer is using your tips for broken dishes/glassware, missing silverware, or unpaid bills, Attorney Kevin M. McDermott II of Scott & Winters Law Firm will personally assess your case and charges nothing for the opportunity to meet you and hear your story. Call Kevin at (216) 367-9181 for a Free Consultation.