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Fair Pay and Time Off FAQ
If part of my income comes from tips (for example, if I am a restaurant server or bartender), can my employer pay me less than the hourly minimum wage?
It depends on how much money you make in tips and on your state's laws. Generally, an employer must pay all employees covered by state and federal wage and hour laws the federal minimum wage (currently $5.15 an hour) or the state's minimum wage -- whichever is higher.
The law gets a bit trickier, however, when the employee earns tips. Under federal law, an employer is allowed to pay a lower minimum wage -- only $2.13 an hour -- if the employee routinely earns at least $30 per month in tips. But, the employer can do this only if the worker's wages plus tips add up to at least the minimum wage for each hour worked. If the worker ends up earning less than the minimum wage even when tips are figured into the bargain, the employer has to make up the difference.
But some states, including California, don't allow employers to pay tipped employees less than the minimum wage. And some states require employers to pay a higher hourly amount to tipped employees, though still less than the state or federal minimum wage. To find out about the rules for workers who earn tips in your state, contact your state's labor department or go to http://www.dol.gov/esa/programs/whd/state/tipped.htm on the U.S. Department of Labor's website.
What laws ensure my right to take vacations or paid sick days?
Here's a surprising legal truth that most workers would rather not learn: No federal law requires employers to provide you with paid days off, such as vacation days, sick days, or paid holidays. This means that if you receive paid vacation or sick days, it's because of custom, not law: Your employer chose to provide the benefits to care for its workers, to attract employees in a competitive market, or for other such reasons.
And just as vacation benefits are discretionary with each employer, so is the policy of how and when they accrue. For example, it is perfectly legal for an employer to require a certain length of employment -- six months to a year is common -- before an employee is entitled to any vacation time. It is also legal for employers to prorate vacations for part-time employees or to deny them the benefit completely. Employers are also free to set limits on how much paid time off employees may store up before it must be lost or taken.
(Note, however, that while the law may not require your employer to provide you with paid time off in the first place, once your employer agrees to do so on its own, your employer may be bound by contract law to honor any promises it made or policies it established related to paid time off.)
FAQs
- How does an employee file a claim for benefits?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- When is a worker eligible for overtime pay?
- Does the law require employers to provide pensions?
- How is the overtime pay rate computed?
Employees' Rights Resources
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