Walk It Through: The Short Paycheck
At least $12 plus the cost of living, sick time by the hour worked, and small claims up to $5,000.
A line cook's first paycheck works out to less than the minimum wage for the hours on the time sheet.
Two things a person in this spot might do. Picking one shows what the law says about it.
One paycheck and one cook. The tip credit, the timing of pay, and a complaint to a state agency are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- RetaliationRaising rent, decreasing services, or bringing or threatening an action for possession because a tenant complained to a code agency or to the landlord, or organized or joined a tenants' union.
- Tip creditUp to $3.00 an hour an employer may pay below the minimum wage to an employee who customarily and regularly receives tips, if its records show tips brought each week to at least the minimum wage for every hour worked.
- Earned paid sick timeAt least one hour for every 30 hours worked, up to 40 hours a year for an employer with 15 or more employees, or 24 hours for fewer, unless the employer sets more.
- Small claimsThe justice court division for civil claims up to $5,000, exclusive of interest and costs, where an attorney may not appear unless the parties agree in writing before the hearing.