Illegal paycut?

I have been working as a third shift waitress for over a year. When I was hired I was told I was getting paid $8 an hour from 10-8am and that I was getting paid this because along with serving I also have to take drive-thru orders, make all the milk shakes for drive thru, cash out drive-thru and do extensive cleaning. I am still doing all those things and not getting paid for them! I reviewed the document I signed when I was hired and it says they agree to pay me at least minumum wage. There is a new general manager and she told me that all the chains of this restaurant pay their third shift servers $3.65 from 10pm until 2 am and then I can change to my higher rate ($8) and that she doesn't know how this store got away with it for so long. I called the gm of another store to verify this and he told me that the third shift there gets $8 the entire time. I also asked 2 other managers from different locations and they told me the exact same thing and that they have never heard of such a policy. Considering corporate are the ones who send out the checks obviously they know how much they are paying people. I was told by the GM of the location I called to call the DM and ask but I am afraid of retaliation from the new GM. How can I effectively solve this problem without getting fired and is this illegal? Please Help!!!!

2 answers  |  asked May 21, 2009 09:54 AM [EST]  |  applies to Ohio

Answers (2)

Neil Klingshirn
Is your average hourly pay more than $7.30

I see two issues. One is minimum wage and the other is contract.

You are entitled to the minimum wage, now $7.30, for all hours that you work, regardless of duties or location. A tipped employee can be paid less than the minimum wage, but only if the tips bring him or her up to the minimum wage. So, if the total that you receive in a week, including tips, divided by the number of hours that you worked that week is less than $7.30, you have a minimum wage claim.

Assuming that you are paid the minimum wage, an employer is free to pay employees at one location more or less than comparably situated employees at another location, unless the reason for the differing wage rates is unlawful discrimination (for example, paying males more than females). However, if your employer agreed to pay you a certain amount, you have a contract claim to that amount, once you have worked the hours.

The concern in your case is whether the local supervisor is the one with the authority to set wage rates. If so, then he or she is not bound by what is done at other sites and is free to change your pay from day to day, subject again to the minimum wage requirement.

To address this problem with the least risk of retaliation, consider investigating who sets your wage rate. If it is the local supervisor, approach the issue as you would a request for a raise.

Sorry about that prior message. It got away before I could write my answer.

Best regards,

Neil Klingshirn.

posted by Neil Klingshirn  |  May 21, 2009 10:58 AM [EST]
Neil Klingshirn
Is your average hourly pay more than $7.30?

posted by Neil Klingshirn  |  May 21, 2009 10:14 AM [EST]

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