Walk It Through: The Diner Shifts
A server on tips, a cook past forty hours, a fourteen-year-old busser, and a jury summons.
At a diner with a dozen employees, a server's tips run thin on slow weeknights.
Two things a person in this spot might do. Picking one shows what the law says about it.
One small diner. Pooled tips, a manager exempt from overtime, a hazardous job for a minor and a federal claim 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.
- AgeIn the Human Rights Act, the age of 40 or above.
- Tip creditA credit an employer may take of seventy percent of the hourly rate for an employee who customarily receives tips, if it can show the tips cover it.
- Training wageA wage below the minimum, not less than $6.40 per hour, for a new employee for no more than ninety days, and never for someone who has reached the age of twenty years.
- Regular rateAll pay for the work, apart from gifts, holiday or vacation pay, expense reimbursements, discretionary bonuses and benefit contributions. Overtime is paid at one and one-half times it.