labor lawAdivision of labor law center

Since 1933, the U.S. has observed very strict minimum wage laws. Over the years, there have been many changes to these laws, including the dissolution of the minimum wage, the reinstatement of the wage and many increases in the wage. Most recently, the federal government handed over power to the states to determine what the individual state minimum wages are. Each state may select to increase the minimum wage above the national wage, which is $5.15, but it may not decrease the way below the national standard.

While the minimum wage is set at $5.15, it is recognized that the server minimum wage is not exactly that high…on paper. When it comes to the server minimum wage, each state has its own wage set. That wage is generally just over $2.00, but rarely much more. This minimum wage serves as a very base salary for servers who are on the clock serving tables. If a server needs to come in during a time when he or she is not serving, then the server must be paid at least the base minimum wage for the state and locality. For example, if a server needs to come into a restaurant for a cleaning day, then the server needs to make more than he or she would normally make for base pay.

The reason that the server minimum wage is so low is simple: servers make tips. At the end of each shift, servers are required to report how much money they earned during the course of their shift. That amount must equal or exceed the minimum wage. Thus, the server minimum wage is a base rate, but the server generally makes much more than the minimum wage.

It is important to note that servers must report the full amount of their tips. Often, when tips are factored into the equation, the server minimum wage becomes a secondary source of income, as the tips tend to exceed the minimum wage by a great deal.

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1. Posted by: Evelyn

   Can my employer at the restaurant force us to sweep and mop floors, do all the dishes, clean the kitchen and various other tasks after we have been
   “cut” (not serving any more or waiting on tables) before we can go home. Sometimes this takes up to 2 hours. If we don’t do these tasks, they say we are fired. This seems wrong to me.

   Server at a restaurant in Beckley, WV

2. Posted by: Nicole

   Hi Evelyn! That’s a complex question. For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs!~ Nicole

3. Posted by: tabatha

   I got one for you, what about when you work your butt off for $2.13 an hour and your check is only $50.00 a week if you worked 40 hours and you cant even cash it, not at the bank its from, or any check cashing in your town. Or what if the restaurant you work at is one of the biggest franchises internationally and you live off your tips. But this restaurant never has everything on the menu, and especially runs out of the basics everyday, so why then is it fair to get minimum wage when that in effect is what you will make as soon as you tell a customer I’m sorry we don’t have that, and this happens everyday

4. Posted by: Amelia

   Hi Tabatha! This is a tough situation. If the employer is issuing paychecks that are worthless, then under the law the employees are not being paid. You should contact the Wage and Hour Division of the U.S. Department of Labor, and the state department of labor, because you are not being paid the minimum wage for servers.

   Franchises are locally owned and unfortunately there is a bad apple in every bunch. It sounds like the restaurant where you work is poorly managed, which obviously affects your tips. You would certainly be justified in looking for another job. Even in a tough economy, it should not be hard to find one where you are at least paid the server’s minimum wage. For a more complete answer, please post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Nicole