What are the laws governing wages and tips for tipped employees?

In Washington state, the laws that govern wages and tips for tipped employees are based on the federal Fair Labor Standards Act (FLSA). According to the FLSA, the minimum wage for tipped employees is the same as the current minimum wage in Washington, which is currently $12.00 per hour. In addition, employees must receive at least minimum wage even if their tips do not meet that wage. Employers are allowed to take a “tip credit” of up to $3.67 per hour, meaning they must pay the difference between their tip income and the minimum wage. Tips are the property of the employee and should not be shared with their employer or other staff members. Tips should also be paid out at least twice each month. It is illegal for employers to make deductions from an employee’s wages for things such as broken dishes, cash shortages, or customers that leave without paying. Employees must also be paid for training time and any extra time spent on tasks beyond their normal shift. Finally, employers must adhere to the “80/20 Rule” which states that at least 80% of a tipped employee’s wages must come from tips. If an employee’s tips do not bring them up to the minimum wage, the employer must make up the difference. Washington state law plays an important role in ensuring that tipped employees are paid fairly and receive the wages they deserve. All employers should familiarize themselves with these laws and ensure they are in compliance.

Related FAQs

Are employers required to pay double time for work on holidays?
Are employers allowed to pay employees differently based on their education level?
What is the difference between overtime hours and double time?
Are employers allowed to offer bonuses in lieu of wages?
Are employers allowed to pay employees differently based on gender or race?
What is the difference between a minimum wage and a living wage?
What type of records must employers provide regarding wages earned?
Is it legal to pay workers working abroad different wages than domestic workers?
What are the differences between regular pay and overtime pay?
Are employers allowed to set a different hourly wage for part-time and full-time employees?

Related Blog Posts

What is Wage and Hour Law and How Does it Affect Your Business? - July 31, 2023
What Employers Need to Know About Wage and Hour Law - August 7, 2023
The Basics of Payroll Law and Compliance - August 14, 2023
Compensating Your Employees - Tips for Wage and Hour Law Compliance - August 21, 2023
Understanding Overtime Rules Under Wage and Hour Law - August 28, 2023