Boss ripping employees off?

[kimba4105]

Texas
I just found out the owner of the restaurant I work at averages our tips at the end of two weeks to see if we averaged minimum wage overall instead of paying us by shift.
For example: I work the morning shift and make little to no tips. I thought he changed the hourly pay from $2.19 to minimum wage if this happens. Turns out if I make $70 during the weekend, he averages that in with the shifts I don't make anything to get out of having to pay me minimum wage for those shifts.

IS THIS LEGAL? And if not, what can I do?

 

[ecmst12]

He is calculating correctly by the work week, it should not be calculated per day.

 

[kimba4105]

Damn..

Thank you, very appreciated.

 

[JETX]

You need to read the information available from the IRS at:
http://www.irs.gov/pub/irs-pdf/p531.pdf