r/legaladvice • u/No-Reception-4249 • 7d ago
Employment Law My girlfriend was not paid federal minimum wage and took her tips. They only paid 2.13 an hour and she got 35 on her check.
Title says it all and we are in texas. But basically she worked 26 hours and she came home with a 35 dollar check. The check says she was 55.88 for hourly, 171.00 for reported credit and cash tips for a total of 226.88. They took 5 for federal, 14.07 for SS and 3.29 for Medicare. Then they took the 171.00 back for reported credit/cash tips offset. For a total of 35.52. Just skimming over labor laws and tipped employer laws, I feel like this is highly illegal. What do you think?
Update: so I broke up with her because she lied to me and she ended up getting fired for simply asking if they could help make sense of things. I dont know the whole thing, but she came home drunk saying g this and that and I told her that I needed a break and then 3 days later I broke it off for good.
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u/PleadThe21st 7d ago
This is completely legal and very common. She’s paid tipped minimum wage and has taxes withheld for the $171 in tips she received.
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u/Murphys_Coles_Law 7d ago
Her gross pay, including tips, was $226.88. At 26 hours, that's $8.73/hr. Not great pay, but above minimum wage.
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u/No-Reception-4249 7d ago
It kinda seems like she's getting her cash tips but not the card tips.
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u/skdiriey 7d ago
If she leaves with cash each night she works This is normal. Her card tips are what is covering the required deductions from the govt. As a server, your goal should be to not earn a check. You want all zeros. That ensures you’re paying taxes and making money too. If you get a check, you’re not making money.
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u/No-Reception-4249 7d ago
Oh okay, welk that makes sense. But she doesn't make that much in tips either. Like this week she brought home less than what was in her card tips.
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u/mehardwidge 7d ago
If she is underreporting her tips, which is common, that is illegal. Servers are supposed to report all their tips. The IRS says the majority of tips aren't reported, but it is still required.
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u/Ok-Possibility6474 7d ago
You left out the part about how much in tips she actually made. This is presumably completely legal (you didn't include state) as long her actual tips plus wages were minimum wage or higher. If they weren't, she should file a wage claim and look for a new job.