Tipped Employee Claims
Our attorneys can demand the money you deserve
Waiters and other employees who regularly rely on tips might not realize they are also entitled to additional pay and benefits. That’s because some restaurants and other employers don’t abide by the applicable state and federal laws when it comes to tipped employees.
If you believe your rights have been violated, don’t take your employer’s word for it. Talk to an experienced wage and hour claim lawyer at Gibson Law, LLC in Cincinnati or Dayton. Our employment attorneys thoroughly understand the rules and regulations that apply to such workers. That’s because we have successfully obtained the compensation workers deserve in such complex legal cases.
The stake can be very high in many legal claims involving tipped employees. Sometimes, such employees may not have been paid properly for many years. As a result, your employer may owe you and other workers thousands of dollars or even more in unpaid wages. Know your rights. Talk to a lawyer at our law firm today.
What is minimum wage for tipped employees in Ohio?
In Ohio, employees who receive tips for their work must be paid at least $5.25 per hour. However, what some tipped employees might not realize is they must be paid at least $10.45 per hour (Ohio’s current minimum wage) regardless of how much money they make in tips during their shift.
So just because a restaurant might be slow on a particular night does not give the owner the right to pay tipped employees less than minimum wage. If that happens, the tipped employee should immediately notify their supervisor that they were underpaid. It’s also advisable to consult with an attorney as soon as possible to learn more about your legal rights and the options available to you.
What are common legal claims?
Along with not being paid minimum wage, some of the most common labor law violations involving tipped employees include:
- Not paying tipped workers overtime if they work more than 40 hours a week.
- Not paying tipped workers the higher overtime rate if they work more than 40 hours in a single week.
- Employers withholding tips from tipped workers.
- Employers requiring employees to perform non-tipped work (for example, cooking food) while paying them only the Ohio tipped minimum wage of $4.40 per hour.
- Employers required tipped workers to share their tips with employees who do not normally receive tips, including managers or supervisors.
Ohio’s labor laws are clear. Just because someone is a tipped employee does not mean the state’s wage and hour laws do not apply to them.
How can a lawyer help me with my case?
If you are a tipped employee and you believe your employer has violated your rights, an attorney can assist you in many different ways, including:
- Dealing directly with your employer and negotiating a settlement if possible.
- Filing a formal complaint with Ohio’s Bureau of Wage & Hour Administration on your behalf.
- File a lawsuit against your employer seeking financial compensation for unpaid wages, including minimum wage violations, overtime violations or tips that have been unlawfully withheld.
Whatever approach you decide to take, be prepared to encounter a fierce legal battle from your employer. Many wage and hour claims or lawsuits involving tipped employees often become very contentious since there may be a lot of money at stake. That’s why it’s critical that you have an experienced lawyer on your side, building the strongest possible legal case.
Tipped workers deserve to be paid properly. Contact us to learn more
Our law firm has the knowledge and expertise you need to succeed. That’s because we bring a unique perspective to wage and hour claims. Our lawyers have represented employers as well as employees. As a result, we know how businesses and their attorneys think. We now use that knowledge exclusively to demand the compensation workers rightfully deserve.
Discover what we can do for tipped employees. Contact our law firm for a consultation with a member of our legal team. We have office locations in Cincinnati or Dayton.