"Split Pay" The 20% Rule For Tipped Employees

Tip Credit is a federal law that allows employers to take a 'credit' against the minimum wage, and pay lower wages to employees who earn tips.

Master Driver
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PostPosted: Tue Jan 31, 2017 1:19 pm
tompace wrote:
elric92 wrote:Someone is addressing that woefully inadequate mileage reimbursement, right?


I'm trying to. I contacted the pizzalawsuit.com guys and talked with a mike pontomick (sp?) who said they had already sued PJ recently and referred me to some guy out of new york who never returned my calls. I'm gonna try to get in touch with the McInnes guys who did my Domino's suit and see if they are interested.

This is a questionable suit, since I am paid a good bit over minimum wage in store. Logically to me, it seems like this would be able to be credited to their "debt" to me, but I've never gotten it verified by a lawyer...that's currently where I stand.


Ya, it would be able to be credited, you'd have to figure out how much that credit is worth and then be honest with the attorney up front. There is still likely a kick back that results in your wage falling below minimum though.
Don't expect others to fight your Battles

n00b
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PJ's Franchise
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Compact
PostPosted: Tue Jan 31, 2017 6:28 pm
Now that I've gotten a couple paychecks, it is easy to see that I'm well above the 20% mark. Initially, I was printing/saving the daily checkout reports, but the paychecks actually show that info in detail, so printing isn't really needed (for me, at least).

I learned that the payroll system doesn't allow us to be paid the exact same amount instore/outstore, so we are getting 7.25 on the road and 7.26 in the store. This means that all the info we need to prove our case is spelled out specifically. I simply took the info off the pay stub and put it into a spreadsheet and here is the result.

Image

Master Driver
Posts: 2523
Joined: Tue Apr 24, 2012 4:38 pm
Location: Wa
Where do you work?:
Formally employed by a Papa Johns Franchise in Washington state.
User Type:
Pizza Delivery Driver
Car you drive:
One with an internal combustion engine
PostPosted: Tue Jan 31, 2017 11:30 pm
RandomUser wrote:Now that I've gotten a couple paychecks, it is easy to see that I'm well above the 20% mark. Initially, I was printing/saving the daily checkout reports, but the paychecks actually show that info in detail, so printing isn't really needed (for me, at least).

I learned that the payroll system doesn't allow us to be paid the exact same amount instore/outstore, so we are getting 7.25 on the road and 7.26 in the store. This means that all the info we need to prove our case is spelled out specifically. I simply took the info off the pay stub and put it into a spreadsheet and here is the result.

Image


That's GREAT!

Now, you have a choice to make. Address this issue now or later. Each decision has their own advantages/disadvantages.

If I remember correctly, you're in Arizona? I suggest you contact a local attorney that specializes in wage & hour litigation. You need to find out the following:

1. Does Arizona have a fee shifting statute for wage complaints?
2. Does Arizona have punitive damages for violations of minimum wage?

If the answer is Yes to both those questions, then you're golden, since you can likely pass the cost of your attorneys on to your employer (the defendant) and look to being awarded double or possibly even triple damages (2x/3x your actual losses)
Don't expect others to fight your Battles
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