Is your Employer breaking Federal Minimum Wage Law?


n00b
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PostPosted: Sat Mar 30, 2013 7:41 pm
This is some great information here.

dough slapper
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PostPosted: Thu Apr 18, 2013 5:38 am
I'm a bit of a freak when it comes to record keeping so I have every hour worked tip received and mile driven for papa johns logged and I am curious if I am not being compensated properly for my vehicle

since i started work at papa johns on 2/27/13 i have taken 654 deliveries for a total of 3623 miles of which I have been reimbursed a total of $883 ($1.35 per run) I am a min. wage employee and on tip credit wage while driving.
314 hours worked of which approx 60% is road hours, I've made $2770 in tips $978 in min. wage $897 in tip credit wage

from what I have read here, is my employer actually responsible for the $1164 difference in the 56.5 cent per mile. how much do my tips reflect in this number if any.

thanks for any response

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PostPosted: Thu Apr 18, 2013 4:12 pm
b22ri22an wrote:I'm a bit of a freak when it comes to record keeping so I have every hour worked tip received and mile driven for papa johns logged and I am curious if I am not being compensated properly for my vehicle

You also need to document your expenses. What make/model/year car do you drive? When was it purchased. How much depreciation did the vehicle incur prior to employment. How much depreciation it has incurred since employment. Document EVERY SINGLE dollar/cent spent on maintaining the vehicle. That includes all maintenance, insurance costs(do you have the correct type of insurance), fuel, tires, oil changes, vehicle registration; EVERYTHING.

b22ri22an wrote:since i started work at papa johns on 2/27/13 i have taken 654 deliveries for a total of 3623 miles of which I have been reimbursed a total of $883 ($1.35 per run) I am a min. wage employee and on tip credit wage while driving.

Your numbers 3623(miles) / 654(deliveries) = 5.54 miles per delivery
$1.35(per delivery rate) / 5.54(miles per delivery) = $0.24 (per mile rate)

If you can show that your expenses, per mile, exceed $0.24, then you might have a complaint. If you can show this, then you might want to speak to a lawyer that specializes in labor issues or you may want to contact your local DOL.

b22ri22an wrote:314 hours worked of which approx 60% is road hours, I've made $2770 in tips $978 in min. wage $897 in tip credit wage

Uhmm... I don't really know what I can do with this information, or if it is even relevant. Does your employer utilize "split-pay"? Basically, your tips and your mileage reimbursement are not related in anyway. Those are separate issues. Don't try to muddy things up by thinking that they should be related in some fashion.

b22ri22an wrote:from what I have read here, is my employer actually responsible for the $1164 difference in the 56.5 cent per mile. how much do my tips reflect in this number if any.

As far as I know, please correct me if I am wrong, there has been no court ruling stating that the IRS rate must be used when calculating reimbursement. This is what some/most of the current/previous complaints have tried to use/justify in their complaints, but none of the complaints have made it in to court.
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PostPosted: Thu Apr 18, 2013 5:31 pm
EXCELLENT response and advice by elric! :D 8-)

I want to highlight some points:

elric92 wrote:Your numbers 3623(miles) / 654(deliveries) = 5.54 miles per delivery
$1.35(per delivery rate) / 5.54(miles per delivery) = $0.24 (per mile rate)

If you can show that your expenses, per mile, exceed $0.24, then you might have a complaint. If you can show this, then you might want to speak to a lawyer that specializes in labor issues or you may want to contact your local DOL.


Dead on accurate advice! :D It is the DOL "Handbook" which refers to the "IRS" mileage rate, but the underlying law does not actually state that. You must show that your ACTUAL expenses exceed your actual reimbursement. Plus, if you contact the DOL, you must be clear that you are reporting a "minimum wage violation" NOT that your employer isn't reimbursing you enough. Nothing in the law requires that you be paid mileage at all, the law DOES require that your net wage AFTER expenses never goes below minimum wage.

b22ri22an wrote: 314 hours worked of which approx 60% is road hours, I've made $2770 in tips $978 in min. wage $897 in tip credit wage


elric92 wrote:Uhmm... I don't really know what I can do with this information, or if it is even relevant. Does your employer utilize "split-pay"? Basically, your tips and your mileage reimbursement are not related in anyway. Those are separate issues. Don't try to muddy things up by thinking that they should be related in some fashion.


Correct. He is on split pay. The only relevant info is that he is paid minimum wage or less, which he is. The tips you make have no bearing on this issue.

elric92 wrote:As far as I know, please correct me if I am wrong, there has been no court ruling stating that the IRS rate must be used when calculating reimbursement. This is what some/most of the current/previous complaints have tried to use/justify in their complaints, but none of the complaints have made it in to court.


Correct.

Again, great job elric! :D
"If you ain't on the road, you ain't makin' money!" - gregster

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dough slapper
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PostPosted: Sat May 04, 2013 5:20 pm
Thank you for the responses, I do have all my receipts for all repair work maintenance and fuel costs. They far exceed 56c a mile this year due to a complete suspension rebuild after an unmarked speed bump (no yellow paint or warning) took out both front lower control arms. Your replies were very informative however my short time working at this job may mean it might not be enough of reparation to warrant talking to an attorney just yet. I will however submit to my employer my costs and wage comparison and ask for reimbursement first and see if that works.

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PostPosted: Sat May 04, 2013 7:28 pm
b22ri22an wrote:Thank you for the responses, I do have all my receipts for all repair work maintenance and fuel costs. They far exceed 56c a mile this year due to a complete suspension rebuild after an unmarked speed bump (no yellow paint or warning) took out both front lower control arms. Your replies were very informative however my short time working at this job may mean it might not be enough of reparation to warrant talking to an attorney just yet. I will however submit to my employer my costs and wage comparison and ask for reimbursement first and see if that works.

I would suggest you not do this for a couple of weeks, at least. I don't have time to tell you why I feel this way, as I am heading out to work right now.

Edit: What gregster said down below. If you think you have it bad now, just wait until they see you as a trouble maker. 3 minutes late, you forgot to completely do some side chore so you deserve a write up, your hours get cut and no reason is given.

First I would suggest you find an attorney or speak to DOL. I offer my assistance and knowledge if you would like them, PM me with your costs and such and I'll give you me educated opinion on whether you have a complaint. And if you think, "Why would I talk to this guy." Click the link in my signature... I AM fighting the battle, RIGHT NOW.
Last edited by elric92 on Mon May 06, 2013 3:50 am, edited 2 times in total.
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PostPosted: Mon May 06, 2013 1:29 am
b22ri22an wrote:I will however submit to my employer my costs and wage comparison and ask for reimbursement first and see if that works.


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Please don't do that without YOUR lawyer or DOL rep. doing it for you. Seriously.

Doing so without representation will paint a HUGE target for termination on your forehead and back. You won't get fired for asking for gas money, you'll just get written up for being 3 minutes late, or a customer complaint, or some other minor infractions. keep it to yourself until you actually file a suit or a claim.
"If you ain't on the road, you ain't makin' money!" - gregster

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n00b
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PostPosted: Tue Feb 04, 2014 12:08 am
Hello,
I'm brand new to this site and have spent 2 hours reading and trying to find the answers to my questions. This is a bit long winded and I apologize in advance. I work at a privately owned pizza place in Michigan. My question pertains to the relationship between the minimum wage (I'm a tip credit employee), tips and compensation. First off a quick run down of how things work at my place of employment is as such. We get paid 2.65 an hour(Michigan has a slightly higher minimum wage) and we receive a compensation of 6% of the bill up to $6. At the end of the night we have to take .166 of said compensation and give it to the routers. A co-worker of mine would like me to ask about this part because he has a problem with that(he's not sure what the legal stance on "tipping out" a manger is seeing as how the "tipping out" is coming from our compensation and not tips) because we've both been working here for around 3 years and this tip out started around a year ago so we make less now. My question is, are employers required to comp you that .55 per mile regardless if you hit the minimum wage mark with tips by the end of the night? Our delivery zone can reach as far 17 miles. With compensation and tips alone I tend to end the night with around $15 per hours worth of cash in hand.
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PostPosted: Tue Feb 04, 2014 1:42 am
Welcome to the Board! This is a GREAT question and you are right to be confused. It is even a hard question for me to answer, but give me some time and I will do my best to answer your question AND give you advice on how to proceed! I hope the other well informed posters here will also chime in and give their own advice on how to solve your problems... I have learned a LOT from others on the internet, but I do not have the best answers for everything. We have some really great people here who can also offer great advice. Between all of us and the wealth of information we have gathered her, we can get you off on the right foot and in touch with professional guidance if that is what you need!

Let me research a bit and I will begin to answer your immediate questions...
"If you ain't on the road, you ain't makin' money!" - gregster

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n00b
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PostPosted: Tue Feb 04, 2014 1:53 am
Thank you. I look forward to what you or anyone else is able to dig up. I also realized that I had put a typo in my original post regarding the amount that we have to tip out the routers(non tipped employees if that means anything). That 0.166 is what we have to multiply our commission by. Meaning that they take around 17%.
Last edited by PHoDiver on Tue Feb 04, 2014 3:28 am, edited 1 time in total.
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