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A question about minimum wage in Ohio (for tipped employees)
FirmSkater
Registered User regular
Registered User regular
I'm trying to figure this out and I think this might be one of the better places to ask.
Consider this scenario:
Employee X is working as a server in a restaurant. Under Ohio law that server must make at least minimum wage ($7.40) when their hourly wage ($3.70) is combined with their tips.
Night 1:
Employee X makes $100 in tips a five hour shift.
Night 2:
Employee X makes only $1 in tips in a five hour shift
When the hourly wage and tips for both shifts are combined Employee X made $13.80 per hour - but on Night 2 the employee made just $3.90 per hour.
Here is my question: Is the employer required to adjust the hourly wage of the employee on Night 2, when they made only $3.90 per hour?
I have read the poster in the restaurant I work at several times (which you can read here) and find the wording semi-vague. It doesn't clarify whether the employer must verify their employee is making minimum wage per-shift or per-pay period, and I can't find any more detail with Google. So, H/A, I throw the question onto you.
Consider this scenario:
Employee X is working as a server in a restaurant. Under Ohio law that server must make at least minimum wage ($7.40) when their hourly wage ($3.70) is combined with their tips.
Night 1:
Employee X makes $100 in tips a five hour shift.
Night 2:
Employee X makes only $1 in tips in a five hour shift
When the hourly wage and tips for both shifts are combined Employee X made $13.80 per hour - but on Night 2 the employee made just $3.90 per hour.
Here is my question: Is the employer required to adjust the hourly wage of the employee on Night 2, when they made only $3.90 per hour?
I have read the poster in the restaurant I work at several times (which you can read here) and find the wording semi-vague. It doesn't clarify whether the employer must verify their employee is making minimum wage per-shift or per-pay period, and I can't find any more detail with Google. So, H/A, I throw the question onto you.
FirmSkater on
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However, in general, I agree with the others that it is probable per pay period.
Because of this, a lot of servers only claim 12% of their tips (as it tells us on our clock-out sheet) so they get a check every two weeks. I claim all of my tips because while I may not get a check every two weeks, come tax time I'll be getting a bigger refund check.
I'd definitely agree on calling the number on the poster, though. They'll know 100% and can answer any questions you might have.
My company also gives the option for a pre-paid card that they just load your paycheck onto, but that option sucks.
They really don't like to do paper checks.
EDIT: And because this is H/A, per pay period is most likely but check with the employer and the state's labor board or other appropriate body.
...
your morality shames us all.
If I could hide 30%+ of my income from the government...it wouldn't even be a question.
Sorry to take this thread off on a tangent, but why would one prefer not to be paid by direct deposit? I can't think of any obvious reason, especially in these days of internet banking where one can check one's bank balance via smartphone.
The last time I remember being paid with a check was... 1992? 1993? Around, then; I can't remember. And it seemed rather quaint even then (I did a summer job for a legal partnership who were a little set in their ways). But 2 decades later? That's like hearing that the firm employs a guy to write up the accounts in a brass bound ledger with a quill pen.
I've been paid in cash since then, of course, but that was casual/off the books stuff.
So yeah, we were required to adjust nightly, but it was an average over the course of the pay period. As it only happened like once or twice to me, I never got the bump on my check because I never averaged less than minimum wage.