Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (Flsa)

Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (Flsa) is a 4-page legal document that was released by the U.S. Department of Labor - Wage and Hour Division on April 1, 2018 and used nation-wide.

FAQ

Q: What is the Fair Labor Standards Act (FLSA)?
A: The Fair Labor Standards Act (FLSA) is a federal law that establishes labor standards for minimum wage, overtime pay, and other employment practices.

Q: Who are tipped employees under the FLSA?
A: Tipped employees are those who regularly receive more than $30 in tips each month.

Q: What is the minimum wage for tipped employees?
A: The federal minimum wage for tipped employees is $2.13 per hour, as long as the employee's tips bring their total compensation up to at least the regular minimum wage.

Q: What happens if a tipped employee does not earn enough in tips to reach the minimum wage?
A: If a tipped employee's tips do not bring their total compensation up to the regular minimum wage, the employer is required to make up the difference.

Q: Can an employer require tipped employees to share their tips with other employees?
A: Yes, employers are allowed to require tipped employees to participate in a valid tip pooling arrangement, where tips are shared among a group of employees.

Q: Can an employer take a tip credit for non-tipped work performed by a tipped employee?
A: No, an employer can only take a tip credit for the specific hours worked in a tipped occupation.

Q: Are there any other regulations regarding tipped employees under the FLSA?
A: Yes, there are additional regulations regarding tip credits, record keeping, and other aspects of employment for tipped employees. It is recommended to consult the Department of Labor or an employment attorney for more specific information.