Hospitality Worker Rightsin Florida

Servers and Bartenders,

Know Your Rights!

What is the FLSA?

• Passed in 1938, The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, which affect most private and public employment.

• Requires employers to pay covered employees at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.

What is a “tip credit”?

• Section 3(m) of the FLSA permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (which must be at least $2.13) and the federal minimum wage.

• As of January 1, 2013, Florida’s minimum wage is currently $7.79, and allows a tip credit of $3.02. This means tipped employees in Florida must receive a wage of at least $4.77/hr.

Legal Requirements of Tip Credits:What Must My Employer Do?

• Amount of tip credit cannot exceed actual tips received

• Employer must explain tip credit system to you• Cannot force you to tip out to non-tipped

employees (management, cooks, cleaning crew, etc.)

• More than 20% of your shift performing non-tipped work

So My Employer Has Been Violating the FLSA… So What?

What Can I do?• The Florida constitution allows back pay,

attorneys' fees, equitable relief, as well as an amount equal to the back pay in double damages.

• Florida also may also fine your employer $1,000.00 per wage infraction

• If you believe you have a claim, speak with an attorney immediately regarding your rights and options.

How Long Do I Have?

• Under Federal Law, you have 2 years to file a claim, 3 years if your employer was violating the FLSA willingly.

• Under Florida Law, you have 4 years to file a claim, 5 years if your employer was violating the FLSA willingly.

Compensation for Non-Tipped Work

FAST V. APPLEBEESUnder the FLSA, your employer may not apply a tip credit if 20% or more of your shift is spent performing non-tipped duties.• Rolls• Cleaning• Pre-shift duties• Closing duties