As an expert in labor economics and employment law, I have a deep understanding of the wage structures and regulations that govern various professions, including the hospitality industry where waiters and waitresses work. The question of whether waiters and waitresses make minimum wage is a complex one, as it involves federal and state laws, as well as the practices of individual employers.

In the United States, the Fair Labor Standards Act (FLSA) sets the federal minimum wage, which, as of my last update, is $7.25 per hour. However, there are exceptions to this rule for tipped employees, such as waiters and waitresses. The FLSA allows employers to pay a lower minimum wage to tipped employees, with the understanding that tips will make up the difference to the full minimum wage.

The key points to consider regarding the wage of tipped employees are:


1. Direct Wages: An employer is only required to pay a direct wage of $2.13 per hour to tipped employees, provided that this amount, combined with the tips received, equals at least the federal minimum wage.


2. Tip Retention: The employee must retain all tips. This means that employers cannot take a portion of an employee's tips as part of their compensation.


3. Tip Credit: The employer can use the tip credit to meet minimum wage obligations, but only if the employee customarily and regularly receives more than $30 a month in tips.


4. State Laws: It's important to note that states can have their own minimum wage laws, which may be higher than the federal minimum wage. In states with higher minimum wages, employers may not be able to apply the full tip credit and may be required to pay a higher direct wage to tipped employees.


5. Employer Responsibility: If an employee's tips, combined with the direct wage, do not reach the minimum wage, the employer is responsible for making up the difference.


6. Enforcement and Compliance: The Department of Labor (DOL) is responsible for enforcing these regulations, and employers who do not comply can face penalties.

It's also worth mentioning that the tipped minimum wage has been a subject of debate, with some arguing that it allows for exploitation and wage theft, while others maintain that it accurately reflects the nature of tipped work.

In conclusion, whether waiters and waitresses make minimum wage depends on a combination of factors, including federal and state laws, the practices of individual employers, and the amount of tips an employee receives. It's a nuanced issue with implications for both workers' rights and the economics of the service industry.

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An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the Federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips.read more >>