A possibly illegal labor situation at work. (New York State)
I started working as a waitress in a New York City restaurant between jobs and I’m pretty sure what my employer pays me is under NYS minimum wage for restaurant servers.
I work a 12 hour day and make a flat rate of $35 + tips. Business has been super slow the first week and I’ve only been getting about $20 in tips since we are kind of overstaffed and the (salaried) manager takes part of our tips. How much? I don’t know.
My daily hourly rate works out to 2.92 and hour without tips. Isn’t the minimum wage for a server in NYS $4.65? I’m having trouble finding a straight answer online.
Today I made my $35 flat rate for my 12 hour shift plus $23 in tips. Which equals $58. Therefore, I made $4.83 an hour overall. This does not equal the legal state minimum wage of $7.25.
I haven’t filled out any paperwork yet but they said I would be filling a 10–99 yet.
Is this legal? If not, do I have any recourse?
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