Hello.
My husband worked as a busboy at a restaurant for about 8 months.
- The boss agreed to $8.50 an hour
- This was done by giving him a $5.50 "base" salary plus $3 in tips, cash.
- My husband was not a tipped employee in the sense that he received no tips from customers and there was no valid tipping pool at the restaurant.
Is it against the law to pay wages in this matter? It seems like the employer is getting to take a tip credit based on false pretenses.
In addition:
- Sometimes, my husband worked overtime.
- When he did, the boss only paid him the OT based on 150% of $5.50, the base salary. This worked out to less than the agreed amount of $8.50 per hour.
My husband worked as a busboy at a restaurant for about 8 months.
- The boss agreed to $8.50 an hour
- This was done by giving him a $5.50 "base" salary plus $3 in tips, cash.
- My husband was not a tipped employee in the sense that he received no tips from customers and there was no valid tipping pool at the restaurant.
Is it against the law to pay wages in this matter? It seems like the employer is getting to take a tip credit based on false pretenses.
In addition:
- Sometimes, my husband worked overtime.
- When he did, the boss only paid him the OT based on 150% of $5.50, the base salary. This worked out to less than the agreed amount of $8.50 per hour.