Unless you are specifically classified as an "exempt" worker, the Fair Labor Standards Act (FLSA) protects many of your rights as an employee. One of those rights is to ensure that you are getting paid what is legally due you.
What If You Earn Tips on Your Job?
If you are for example, a bartender, waitress, or waiter, then part of your income probably depends on your tips.
If you receive tips as part of your job compensation, as of July 24, 2009, the total of your tips plus your minimum hourly rate of $ 2.13 must add up to at least $ 7.25. If not then your employer must compensate you for the difference.
Some employers require that tipped workers, such as bellhops, waitresses, bartenders, and waiters pool and then divide their tips.
This requirement applies only to the excess amount of tips that are needed to meet the minimum wage requirements.
Some employers want you to share your tips with other workers who are not usually tipped. For example, your employer may try to make you share your tips with chefs, dishwashers, and maintenance workers. This is against the law.
There are absolutely no circumstances that require tipped employees to share their tips with any of the aforementioned workers. And it is also illegal for employers to require that tipped employees share their tips with anyone in management.
If this has happened to you and you file a complaint then your employer will be ordered to repay you for the tips that it required you to share with any non-tipped employees.
Are You Entitled to Overtime If you are a Salaried Employee?
Businesses may choose to pay their employees on a monthly, bi-weekly, weekly, daily, or hourly basis. However, except your job is classified as exempt under the provisions of the Fair Labor Standards Act, you are entitled to be paid for all of the hours that you actually work during any given week.
If your employer refuses to pay you for overtime because you are a salaried employee then he or she is violating the law.
For example, let's say that you are hired to work as an executive assistant for a salary of $ 700 per week. After a very busy day you have to work an additional four hours of overtime in order to catch up. This will bring your work week up to 39 hours.
If your boss refuses to pay you for the extra four hours and says that you are a "salaried" employee, he or she is breaking the law. Because you are not classified as an excuse employee under the FLSA you are legally entitled to any overtime work that you do in any given week.