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What is the minimum wage for a NY waiter who's not always getting tips?

What is the minimum wage for a NY waiter who's not always getting tips? Find out on Paywizard.org.

Question:

 

I work as a waiter in NY. I make 4.55 an hour and about 15 dollars in tips and work about 15 hours or more, but not always. It's a very slow business. Sometimes we  What should I be making as a minimum?

Answer Paywizard:
The first thing you need to know is whether you're covered for minimum wage. Check this on Paywizard - Minimum Wage Coverage, You can also call the nearest office of the Minimum Wage and Hour Divisioin

In the State of New York, the minimum wage is $7.15 per hour. So, if you f you are covered for Minimum Wage, the New York State Department of Labor writes on page 3 of the Minimum Wage order of the Restaurant Industry:

'On or after January 1, 2007, a food service worker shall receive a cash wage
of at least $4.60 per hour, provided that the tips of such worker, when added
to such cash wage, are equal to or exceed $7.15 per hour.'

On p.11 the Department gives a definition of a Food Service Worker

'a) A food service worker is any employee who, after March 31, 2000, is
primarily engaged in the serving of food or beverages to guests, patrons or customers in the hotel or restaurant industries, including, but not limited to, wait staff, bartenders, captains and bussing personnel; and who regularly receive tips from such guests, patrons or customers.'

So, if you are a Food Service Worker as in the above definition, the New York State Department of Labor goes on on page 12:

'Classification as a food service worker shall be on a weekly basis except that
an employee may not be classified as a food service worker on any day in such week in which he has been assigned to work in an occupation in which tips are not customarily received.

 (c) The employer shall have the burden of proof that an employee receives
sufficient tips to entitle him to classify such employee as a food service worker.'

So, if you are covered for minimum wage and you cannot be classified as a food service worker, because you don't receive tips, the Department says you should receive a minimum wage.

See for more information Paywizard - Minimum Wage tip receivers

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