We represent service industry workers and other workers with various issues involving wage disputes, discrimination, tip pool violations, overtime disputes and other issues.
Flexible appointment times. Call/Text 504-571-9582 or Schedule Appointment
Employers can require their servers and other employees to be part of a tip pool. Employees in the pool must customarily and regularly receive tips are should not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements.
At times, employers will illegally include employees in tip pools to avoid paying the proper minimum wage. This is illegal and employees could be entitled to not only damages for every hour worked but also “double damages” which are liquidated damages that the court awards.
A common violation involving servers is permitting servers to work over 40 hours but not paying the correct amount of overtime pay. If a server gets paid $2.13, the correct overtime is not 1.5* $2.13 (or $3.20), but $5.75 as employers can only take the difference between $2.13 and $7.25 as the maximum tip credit.