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Received tipped employee wage during training as a server.. is this lega?
First off, minimum wage for tipped employees in my state, CO, is $5, and $8 for regular minimum wage.
I am a server at brand new restaurant/bar. I was in training for a few days (on the clock), and then started working on my own. I just got my paycheck and noticed I was only paid $5 for all of my hours, including my training hours, even though during those training hours I was not tipped at all. At my previous job, Old Chicago, I was paid the regular minimum wage of $8 per hour during all of my training hours. Is my current job allowed to be paying me $5 and hour for my training hours?
They also completely did not pay me for one of my days in training, and I was on the clock then too.
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You have asked two different questions here. One question is easy to answer. For the other you are going to have to consult your state's wage and hours commission.
The easy question to answer is the day you were not paid for. If you clocked in then you should have been paid. Once you strike a time card you are on the clock and that means you should be paid up till the time you clock out. Every job requires some training dime, some paperwork completion for payroll and learning the proper forms for placing an order. If you clocked in and this is all you did this day, the fact that you clocked in means the manager meant for your to be paid for those hours. Talk to your manager about the missing days pay.
Whether you are paid tipping wages or minimum wage during training is determined by individual states. IF the state does not have a policy for this then it is up to the individual employer. Before you say anything to you manager talk to wage and hours commission to see if the state has a policy for this. They may have and it may be so remote in the language of the labor laws that your employer may not be aware.
My advice is to get the proper answer from wage and hours before going to your manager about which wage is correct for training. I also suggest you talk to you manager about the missing days pay.
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It may be. It's would probably take more expertise than any of us have here to answer that question. In Colorado, the tipped minimum wage works on the assumption that your wage will average out to the normal minimum (or else your employer is required to make up that difference), so I can see it going either way, legally when it comes to training or staff meetings where tipping won't be happening, but I don't know.
You should absolutely point out that you weren't paid for a shift, but you might want to ask a proffessional about the minimum wage for training before you go making and accusations.
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