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Minimum Wage and Overtime Information in Houston Texas

Waitstaff and Other Tipped Employees

Restaurants often violate the “Tip Credit” when dealing with waiters and other tipped employees.  An employer with a tipped employee can pay that employee less than minimum wage, and take a credit for the tips received by the employee so long as the employee makes at least the federally mandated minimum wage ($7.25 per hour at this time) each week.  Employers often violate the tip credit provision by including ineligible employees in the tip pool. For instance, dishwashers, prep cooks and other employees that do not regularly interact with customers are not entitled to be part of the tip pool. If the employer violates the tip pool or tip pool credit laws, the employer can be liable to the tipped employee for all unpaid minimum wage plus potential liquidated damages, doubling the potential recovery for the employee.

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Attorney Josef Buenker
The Buenker Law Firm
2060 North Loop West
Suite 215
Houston, Texas 77018
Telephone: 281-849-7388
Fax: 713-683-9940

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