Legally, should my employer pay me more if our restaurant temporarily closed our doors?
Jaynie
I work for a corporate restaurant in Massachusetts, making $2.63/hr. Last night we had a problem in the kitchen and had to close our doors. Due to the fact that they didn't know how long it would be for the technician to come and check out the problem, and they didn't even know if we'd be able to open back up for the night, numerous employees we're forced to stay and wait.
I waited for 3 1/2 hours while the restaurant was closed, making $2.63/hr still! And we didn't end up opening back up.
Should I have the right to make minimum wage for those hours? Because my pay is for tipped employees, but if there's no possible way I can make tips, should it be different? Or am I s*** outta luck?
.gif){kind=avatar} michr |
You must make at least minimum wage for every hour worked for the work-week in question, |
.gif){kind=avatar} Rev |
I might be wrong but my best guess is you are SOL. I believe the exemption allowing tipped employees to be paid less than minimum wage does not differentiate between those hours working with customers present and those where they are not. Some wait staff must arrive a little before opening, or stay a bit after closing. And I'll bet they don't get paid more for that. |
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Nutter B |
You did the right thing for your employer but they are probably not going to pay you the difference even if it's only 20 bucks. It couldn't hurt to ask. |
.gif){kind=avatar} Judy |
If your pay for the pay period comes out less than minimum wage, they have to make up the difference. But otherwise, you're SOL. |
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