Ask Paywizard.org - Could you specify the minimum wage for a tipped worker in Indiana - is it calculated per day or per week? Paywizard.org anwers.
Question:
I am a waiter in Indiana. I would like to know if you could specify the minimum wage law for tipped employees. I understand that my employer can pay me, at minimum, $2.13 per hour worked. After tips are factored in to the mix, my total wage must not be lower than $6.55 per hour. If it is lower than the federal minimum wage then my employer must make up the difference. My question is whether this law is on a daily basis or on a weekly basis. My concern is if I have a productive day waiting tables and make well over minimum wage at the beginning of a weekly pay period, my reported tips might be spread over the rest of the pay period to allow my employer to keep from having to pay more than the $2.13 throughout the rest of that pay period. This is if the law is on a weekly basis. If the law is on a daily basis, my reported tips are locked in a single day and cannot be used for another day's shortcomings. A response will be appreciated.
Answer Paywizard.org:
The Fair Labor Standards Act (FLSA) says "Wages required by FLSA are due on the regular pay- day for the pay period covered." For Indiana is the pay period bi-weekly, although the FLSA says that "Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek."
If you believe your employer is not paying you properly under the federal minimum wage law, contact the United States Department of Labor Office nearest you. There are two offices: Indianapolis District Office and South Bend Area Office. You may reach both offices toll-free at 1-866-4-USWAGE (1-866-487-9243).