Minimum Wage Lawyer
St. Louis Minimum Wage Lawyer
The wage and hour attorneys at Dashtaki Law Firm stand up for employees who are not paid the minimum wage. Located in St. Louis and Jefferson City, Missouri, the minimum wage lawyers at Dashtaki Law Firm have extensive experience protecting the rights of employees who have not been paid the legally mandated minimum wage. When you need an employee rights attorney to fight for you, the minimum wage lawyers at Dashtaki Law Firm stand ready to protect your rights and assist you with any minimum wage issue.
The Law in Missouri is Clear: You Deserve the Pay You’ve Earned
The federal Fair Labor Standards Act (FLSA) and Missouri law govern the minimum wage requirements for Missouri workers. Unfortunately, some employers take advantage of Missouri workers who are unfamiliar with the regulations.
Under Missouri law and the FLSA, employees may be paid on an hourly, salaried, commission, monthly, piecework or any other basis, as long as pay covering each workweek equals or exceeds the FLSA minimum wage.
Under Missouri law, employers must at the very minimum, pay Missouri employees the minimum wage as required by law. As of January 1, 2021, the minimum wage rate in Missouri is $10.30 per hour.
Tipped Employees (servers, waiters and bartenders) must be paid half of the Missouri minimum wage rate. As of January 1, 2021, the minimum wage rate under Missouri law for tipped employees is $5.15 per hour.
Unlawful Tip Pooling
“Tipped employees” are those employees who customarily and regularly tips. Tipped employees can include waiters, waitresses, busboys, food delivery drivers, bellhops, couriers and casino workers. Under the FLSA, tips actually received by tipped employees may be counted as wages by employers; however, the employer must still pay Missouri tipped employees not less than $5.15 per hour.
If an employer elects to use the FLSA’s “tip credit” provision the employer must:
- Inform each tipped employee about the tip credit allowance (including amount to be credited) before the credit is utilized.
- Be able to show that the employee receives at least the minimum wage rate when direct cash wages and the tip credit allowance are combined.
- Allow the tipped employee to retain all tips, whether or not the employer elects to take a tip credit for tips received, except to the extent the employee participates in a valid tip pooling arrangement.
If the tipped employee does not make up the other half of the minimum wage in tips, the employer is required to pay the difference so that the Missouri tipped employee is paid a minimum wage rate of at least $10.30 per hour.
Retention of Tips
A tip belongs to the tipped employee. The tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.50 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer or management.
The requirement that an employee must retain all tips does not preclude a valid tip pooling arrangement among “front of the house” employees who customarily and regularly receive tips, i.e., waiters, waitresses, bartenders, busboys/girls or hosts. However, the FLSA prohibits tipped employees from having to share their tips with “back of the house” employees, i.e., management, supervisors, cooks, chefs, dishwashers or others who do not customarily and regularly receive tips.
Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, the employer may pay the employee the tip, less that percentage. For example, where a credit card company charges an employer 3 percent on all sales charged to its credit service, the employer may pay the tipped employee 97 percent of the tips without violating the FLSA. However, this charge on the tip may not reduce the employee’s wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.
A compulsory charge for service, for example, 15 percent of the bill, is not a tip. Such charges are part of the employer’s gross receipts. Sums distributed to employees from service charges cannot be counted as tips received, but may be used to satisfy the employer’s minimum wage and overtime obligations under the FLSA. If an employee receives tips in addition to the compulsory service charge, those tips may be considered in determining whether the employee is a tipped employee and in the application of the tip credit. Read more information on the FLSA’s regulations governing tip pooling on the U.S. Department of Labor’s website.
If you are a tipped employee or think your employer has cheated you out of wages, talk to the experienced Missouri wage and hour attorneys at Dashtaki Law Firm today.
The wage and hour lawyers at Dashtaki Law Firm seek to represent workers who have suffered minimum wage violations in the following industries:
Current Active Investigations:
- Assistant Managers / Supervisors
- Servers / Waiters / Waitresses / Bartenders / Busboys
- Retail Store Employees
- Hospital and Healthcare Employees
- Field Service Technicians
- Computer IT Help Desk Workers
- Call Center Employees
- “Work Off the Clock”
- Loan Officers / Underwriters / Bank Tellers
- Hotel Service Workers (bellboy, room service)
- Delivery Drivers
- Casino Workers
- Skycaps / Airport Service Workers
- Food Delivery at Sports Arenas
The wage and hour attorneys at Dashtaki Law Firm know the law, understand the legal system and are determined to get results for our clients. If you are currently experiencing mistreatment at work related to your wages, or feel that your employer may not be treating you fairly in accordance with Missouri law, please contact us for a free consultation.
Contact an experienced minimum wage lawyer today
Wage and hour cases can be highly complex, so it is essential to speak with an experienced Missouri minimum wage lawyer immediately. If you are being cheated out of minimum wage or your employer has not paid you the legally mandated minimum wage, you should contact an experienced Missouri wage and hour lawyer immediately to understand your legal rights because you have a very limited time to take action, as you may lose your rights if you delay.
The Dashtaki Law Firm offers a free and confidential initial consultation to review your case. Contact the attorneys at Dashtaki Law Firm today so that we can begin our investigation.
The wage and hour attorneys at Dashtaki Law Firm, LLC, serve clients throughout Missouri, including St. Louis City, St. Louis County, Jefferson County, St. Charles County, Franklin County, Cole County, Boone County, Camden County, Callaway County, Osage County, Moniteau County, Miller County, Morgan County, Warren County, Jefferson City, Columbia, Lake of the Ozarks, Osage Beach, Camdenton, Fulton, Linn, Tipton and California, MO.