Overtime Law

Are Tipped Employees in Florida Entitled to Minimum Wage?



Published on April 24, 2016

Workers from the hospitality and restaurant industry in Orlando frequently ask if they are entitled to minimum wage. Employment law attorney Ryan LaBar addresses the subject. Free consultation at 407-835-8968.


Are tipped employees from the hospitality and restaurant industry in Florida entitled to minimum wage?

LaBar Adams is located in Orlando, Florida. Because we’re located in Orlando, Florida, we get a lot of questions and we have a lot of clients who are in the hospitality and the restaurant industry. We get a lot of questions about tipped employees and whether or not they’re entitled to minimum wage. The short answer is, we’re all entitled to minimum wage.

In the hospitality and the tipped industry sector, employers are entitled to a tipped credit, or they can be entitled to a tipped credit. All that means is, the employer is entitled to take whatever tips the employee gets, to ensure, in the calculation, that the minimum wage law is satisfied. So, under our scenario that we previously used, the $10 an hour minimum wage, if the person receives $8 an hour in tips, the employer gets credit for that, so the employer would only have to pay another $2, and they would reach the minimum wage requirement.

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