AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question Hello,
I have a couple of questions for you. First of all, I work in a restaurant and "open" in the morning which, means I come in and set up the salad bar, make tea, get our line set up and ready to go for the shift. I was told that when the doors are locked and I'm not receiving tips i should be making minimum wage. I get $2.13 for the hour i get to set up. I come in at 10:00 a.m. and the restaurant opens at 11:00 a.m. I have said something for 3 years but, I have never received minimum wage. My next question is about our tip pool. Without notice the managers raised our tip pool that we tip out to the bussers, bartenders, hostesses, silverware roller and our expeditor from 2.5% of our sales to 3% of our sales which is equal to tipping out 20% of our received tips from our guests. They said they raised it because minimum wage is going up this month and they have to meet the new tipped income credit for the bussers hostess etc. so, basically all of the servers are paying for the new minimum wage increase! Is this all legal? Thank you very much for your time in this matter. I live in N. Carolina.
Answer If you work and recieve tips your employer is allowed to pay you the 2.13 per hour. It does not matter which hours you work and receive tips you are still a tipped employee. Your wages must be minimum wage with your tips. If you do not earn enough tips to make minimum wage than you still must be paid minimum wage.
The tip pool is an arrangement between the employer and the employee. The employer sets the percentage of the tip pool, there is not a percentage set by law.
