Why is it that everyone in government – state and federal – wants the waitresses and service workers to work for less than minimum wage because they make tips? What about the other people like cab drivers, barbers, hairdressers, etc.? Why aren’t they ever included in that line of thinking?
Just explain why they are singled out on this unfair work-for-less thing.
Thanks for writing, Nels! I asked Labor Commissioner Lisa Fair McEvers to provide an answer. Here’s what she had to say:
“No one in government wants waitresses and other service workers to make less than the minimum wage. Tipped employees must always receive at least the full minimum wage when the base wage plus tips are added together. If a tipped employee does not make at least minimum wage for time worked when tips are included, the employer must make up the difference, guaranteeing the minimum wage.
You also inquired about other professions with which tips are often associated. The employers in these professions could also utilize the tip credit if the employee qualifies as a tipped employee and the employer meets all the requirements. Whether an employer chooses to utilize the tip credit depends on several factors, including what the custom or practice is of that industry, what the market for employees will bear, and whether it is cost effective (given the increased paperwork and record keeping requirements).”
In his letter, Petersen also said he doesn’t believe waitresses should have to share tips with other waitresses. The North Dakota Minimum Wage and Work Conditions Order states the following:
“A vote of tipped employees to allow tip pooling must be taken, and 50 percent plus one of all tipped employees must approve it. The employer must maintain a written record of each vote on tip pooling, including names of employees voting and the vote totals.”
More information about these topics can be found at www.nd.gov/labor/laws and by clicking on N.D. Administrative Code Chapter 46-02-07.
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