Found inside – Page 57Method of Survey Scope of survey Tipped employees The survey included hotels ... Under the Fair Labor Standards Act ( FLSA ) , “ tipped employee ” refers to ... Employer’s responsibilities (FLSA): Employers must inform tipped employees (verbally or in writing) of the cash amount of their direct wage — a minimum of $2.13 per hour. Tip Pooling: A Brief History of Jurisprudence under FLSA. %PDF-1.6 %���� h�b```"VΣ� �ae`a��`�b���0���10�� s������3�bQ�H?�:�7�l.&�;x��({�� C{�,�ZfE�;l]6d ��20:�iF *�l���!|�[p��30��i& �L�. The confusion over pay for tipped employees may have been the worst with respect to tip pooling. Specifically, section 3 (m) of the FLSA permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (which must be at least $2.13 under federal law) and the federal minimum wage. To recap, the Fair Labor Standards Act requires employers to pay employees a specified minimum wage, currently $7.25 per hour for most employees. Found inside – Page 1-35Even if the tasks in question are performed by non-tipped employees at other ... person is not a tipped employee do not count as FLSA wages—and therefore do ... Search, Browse Law Tip pools would be in violation of the FLSA if an employee in the tip pool is not personnel who would normally earn a tip, such as a dishwasher or cook. Found inside – Page 61Data Pertinent to an Evaluation of the Tip Allowance Available Under the Fair Labor Standards Act, Submitted to the Congress, 1971 United States. Specifically, the Department is proposing to delay the two portions of the 2020 Tip final rule which address the assessment of CMPs, and to delay the portion of the 2020 Tip final rule that addresses the application of the FLSA tip credit to tipped employees who perform tipped and non-tipped duties.           + $ 45.60 additional half-time pay If an employer refuses to pay the overtime to a salaried employee, that employee can contact the US Department of Labor at either 1-866-487-9243 or 1-570-826-6316 . Employees are entitled to an employer-paid wage of at least $2.13 per hour, more if tips received do not total $5.12 an hour (based on the current minimum wage of $7.25). The Fair Labor Standards Act (FLSA) requires payment of at least the Federal minimum wage to covered, nonexempt employees. 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, … Tipped employees. The maximum tip credit cannot be above $5.12 per hour. U.S. Department of Labor Wage and Hour … › See more all of the best education on www.dol.gov Education However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage. If you or someone you know is having an employment-related issue, speak with a local employment lawyer to help you understand the law and your options moving forward. Specifically, the FLSA’s Section 3(m), found at 29 U.S. Code 203(m), says employers may not take a tip credit unless “the employee has been informed by the employer of the provisions of [subsection 203(m)].” Department of Labor Tip Credit Notice Regulation . Minimum Wage Changes for 2019. The applicable Federal minimum wage is $7.25 per hour. The 2,232-page spending bill amended the FLSA to permit back-of-house employees to share in tip pools. By Lisa Guerin, J.D. If the combination of employer-paid wages and tips do not add up to the minimum wage, the employer must make up this difference. As part of this rulemaking, the Department promulgated a “dual jobs” regulation recognizing that an em… Employer’s responsibilities (FLSA): Employers must inform tipped employees (verbally or in writing) of the cash amount of their direct wage — a minimum of $2.13 per hour. This means employers can claim what is called a " tip credit " of up to $5.12 against the federal minimum wage, as outlined by section 3 (m) of the FLSA. The Fair Labor Standards Act does not require extra pay for weekend or night work. Any worker who earns regular tips (specified as earning at least $30 in tips a month by the FLSA) is eligible for a special tipped minimum wage rate. See 32 FR 13575 (Sept. 28, 1967); Public Law 89-601, sec. The FLSA provides specific guidelines for employers who need to calculate overtime pay for tipped employees. There is no maximum amount or percentage of tips for a valid mandatory tip pool, according to the federal rules. Found inside – Page 1032In addition to limiting the overtime exemption for these employees , the bill requires employer explanation to employees of FLSA tip credit provisions ... The FLSA permits employers to pay certain employees tipped wages. The standards for paying employees tipped wages under the FLSA are discussed on our Tipped Wages page. Tipped Employees. Tipped employees are those who regularly receive more than $30 in tips on a monthly basis, according to the FLSA. The tip credit claimed may not be higher than the amount of tips the employee earns. The tip credit under the FLSA permits an employer to pay its tipped employees less than the federal minimum wage of $7.25 per hour, and a minimum of $2.13 per hour, relying on customer tips to satisfy the difference between the hourly wage and the minimum wage. For example, waiters may be required to pool their tips with bartenders and bussers for equal disbursement at the end of a shift. The email address cannot be subscribed. 141 0 obj <> endobj Found inside – Page 19LEGISLATION TO AMEND THE FAIR LABOR STANDARDS ACT DURING 1975 A considerable ... the tip credit allowance toward the minimum wage for tipped employees ... The Fair Labor Standards Act (FLSA or Act) is administered by the Wage and Hour Division (WHD). An employer can credit up to $5.12 of a tipped employee’s minimum wage … 6, 2018) to expound on Congress’s amendment to the FLSA and bring clarity to tip pooling. On June 21, 2021, the Department announced a separate rulemaking titled, “ Tip Regulations Under the Fair Labor Standards Act (FLSA); Dual Jobs, ” proposing to revise the portion of the 2020 Tip final rule addressing the application of the FLSA’s tip credit provision to tipped employees who perform both tipped and non-tipped duties. All rights reserved. The same tip credit is taken in overtime hours: $7.25 x 1.5 = $10.87 - $4.25 (tip credit) = $6.62 direct cash wage rate for overtime hours. Take a look at the steps for calculating overtime for tipped employees below: Multiply the regular minimum wage by time-and-a-half (1.5) Subtract the tip credit from your total. The FLSA sets out minimum wage requirements at the federal level. California Laws for Tipped Employees. Please click on the Back button to return to the Advisor. These standards affect more than 135 million workers, both full time and part time, in … Please try again. The FLSA generally requires covered employers to pay employees at least the Federal minimum wage, which is currently $7.25 per hour. And as that light shines brighter, it’s important for restaurants not to run afoul of the Fair Labor Standards Act, which is easier said than done. Tipped Employees Under the FLSA. The reason that this tip credit is sometimes referred to as “FLSA tip credit” is to differentiate it from FICA tip credit, which is a completely separate tax credit related to tipped employees. As defined by the FLSA, a “tipped employee” is any employee engaged in an occupation in which he or she customarily and regularly receives at least $30 a month in tips. Found inside – Page 617There is a real danger of skulldruggery if Congress should bring tip employees under the FLSA . This would lead to untold schemes and devices in the ... But employers may not use the tip credit when the tipped employee spends more than 20 percent of his or her time doing related duties that do not generate tips. To be considered exempt, you have to make at least $455 per week ($23,600/year), receive a salary, and perform particular duties as defined by FLSA. The applicable Federal minimum wage is $7.25 per hour. However, under FLSA Section 3 (m), employers are allowed to count up to $5.12 per hour of employees’ tips against their total … The Fair Labor Standards Act's (FLSA) basic requirements are: ... tipped employees and student-learners. Found inside – Page 287Mae Employee's name and eadveee Soclal secumy number Employer's name and ... Application of FLSA Rules to Tip Credit The following example illustrates how ... It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. The FLSA allows an employer to count a limited of amount of the tips its “tipped employees” receive as credit towards the minimum wage obligation, this is called a “tip credit.” Under the FLSA’s tip credit, an employer must pay its tipped employees a cash wage of $2.13 per hour. Found inside – Page 13C. TAX CREDIT FOR SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE CASH ... In the case of tipped employees , the FLSA provides that the minimum wage may ... The regular rate of pay for a tipped employee is the amount of direct cash wages paid plus the tip credit amount claimed by the employer (plus other additional pay not statutorily excluded).               $398.75 total straight-time earnings and overtime pay. Under the Fair Labor Standards Act’s tip credit rules, employers can pay a base hourly wage as low as $2.13/hour to employees who customarily and … Copyright © 2021, Thomson Reuters. The FLSA defines a tipped employee as an employee who customarily and regularly receives more than $30 per month in tips. Found inside – Page 7Cash Wages and Value of Tips of Tipped Employees in Eating and Drinking ... wage provisions of the Fair Labor Standards Act disclosed that tips make a ... Total non-overtime earnings equals direct cash wages ($85.20) at $2.13 per hour plus tip credit earnings ($204.80) at $5.12 per hour from tips received. (city, FLSA 3(m) tip credit, the tipped employee is considered to have been paid only the minimum wage for all non-overtime hours worked in a tipped occupation and the employer may not take deductions for walkouts, cash register shortages, breakage, cost of uniforms, etc., Read about what these rules are and how they affect your pay. The following examples illustrate the regular rate principle as it applies to direct cash wages paid plus tip credit claimed. If your employees work in San Francisco, you must pay them at least $16.07 per hour because it is higher than the federal and state minimum wages. determining whether the employee is a tipped employee and in applying the tip credit. endstream endobj startxref Both statutes set a base wage that employers must pay to tipped employees. One week, Lisa worked 41 … Tipped employees. Tipped Employees Under the FLSA . In such cases, the employee is considered to be working a tipped occupation. Employers are permitted to pay tipped employees an hourly cash wage of as little as $2.13/hr- however, if this wage and … The U.S. Department of Labor (DOL) released an internal Field Assistance Bulletin to provide clarification around how it will enforce the amendment. Found inside – Page 249The FLSA specifically allows the states to legislate a higher minimum wage rate . ! Under the FLSA , tipped employees may have their tips credited against ... h�bbd```b``������v0) "E��H]0�LF�HV0[Lr��0�"��A$W�dH ��&`�`��dt� ���w�L@�Ȃ�30�?Ӕ{ �m� Under the FLSA, the base wage for tipped employees is $2.13 per hour. Found inside – Page 258Tipped employees are those who regularly earn more $30 per month in tips. Under the FLSA, employers only need to guarantee $2.13 per hour to tipped ... 830 (1966). 9���1&�; � ��E Rams Food Inc, the operator of three Denny’s restaurants in Houston, has recently been … This means employers can claim what is called a "tip credit" of up to $5.12 against the federal minimum wage, as outlined by section 3(m) of the FLSA. Found inside – Page 131Tipped Employees A tipped employee under FLSA is defined as any employee "who customarily and regularly receive more than $30 a month in tips. Nevertheless, her regular rate of pay for calculating overtime pay under the FLSA standards is still the minimum wage amount. Found inside – Page 3Employees of firms which are not covered enterprises under FLSA still may be ... Tipped Employees Tipped employees are those who customarily and regularly ... 1998): "an employer must inform its employees of its intent to take a tip credit toward the employer's minimum wage obligation." Found inside – Page 20Employment Standards Administration ... A statement on tipped employees explained the tip provisions of the FLSA and indicated that tipped employees may not ... Tipped Wages. 1-866-487-2365 That’s what a tipped employee must receive in cash, excluding tips. Under the FLSA, employers can pay tipped workers as little as $2.13 an hour if those workers earn at least the standard minimum wage of …               $7.25 x 0.5 x 10 overtime hours = $36.25 additional half-time pay, $362.50 total straight-time earnings This chapter may be cited as the "Fair Labor Standards Act of 1938". § 203(m); 29 C.F.R. The Fair Labor Standard Act (FLSA) sets the federal minimum cash wage for a tipped employee at $2.13 per hour. Fair Labor Standards Act (FLSA) and Tipped Employees. (June 25, 1938, ch. In support of this position, the NRA and WPI argued that, since the FLSA permits employers to take a tip credit for a “tipped employee,” defined as an employee engaged in a tipped “occupation,” the FLSA does not provide any basis for distinguishing between tipped workers' tipped duties and non-tipped duties. | Last updated December 05, 2018. Found inside – Page 47It is our view that “ baggers ” may well qualify as " tipped ” employees under the FLSA and employers could offset part of the minimum wage by the amount of ... The Fair Labor Standards Act does not require extra pay for weekend or night work. Employees are encouraged to speak with their employer about their right to overtime under federal Fair Labor Standards Act.            + $ 36.25 additional half-time pay           + $5.12 per hour Tip credit claimed obligation for tipped employees equal to the difference between the required cash wage (which must be at least $2.13) and the federal minimum wage. Found inside – Page 3-16... service workers, such as housekeepers, full-time babysitters, and cooks are covered by the FLSA. Rules for tipped employees are a little bit different. Tips received are considered the sole property of the tipped employee, although the pooling of tips is allowed. Firms, Amount the employer will credit against tips, Notification that the tip credit will not exceed the value of tips received, Notification that the tip credit can be used only if the employee has been informed of the FLSA's tip credit rules, Notification that all tips received must be retained by the employee, except when collected for a valid tip pool. < Back to FLSA. Found inside – Page lxvDoes the FLSA prohibit the use of employee “kickbacks,” or limit deductions ... Tipped Employees What is the significance of being classified as a tipped ... Found insideEmployees of firms that are not covered enterprises under the FLSA still may be ... FLSA's “Tipped” Employees Tipped employees are individuals engaged in ... The United States of America federal government requires a wage of at least $2.13 per hour be paid to employees who receive at least $30 per month in tips. Most employers must pay the majority of their employees minimum wage and overtime pursuant to the Fair Labor Standards Act (FLSA).However, there are some categories of employees that qualify for Fair Labor Standards Act exemptions. The employer pays a direct cash wage of $4.00 per hour and claims the maximum tip credit of $5.12 per: $4.00 per hour Direct cash wage rate The Act establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. § 531.59. The tip credit claimed cannot be more than the actual amount of tips received, and cannot exceed the difference between the applicable Federal minimum wage rate and the minimum direct cash wage of $2.13 per hour, even if the employee earns more than that amount in tips. For example, a tipped employee who this week averages $10 per hour in tips and who is also paid the minimum FLSA cash wage of $2.13 per hour is compensated at an effective average hourly rate of $12.13. Minimum wage for tipped employees 2021: Chart. The tip credit may not exceed the amount of tips actually received and, under the current minimum wage, may not exceed $5.12 per hour ($7.25-$2.13). Total overtime earnings equals direct cash wages ($57.50) at $5.75 per hour plus tip credit earnings ($51.20) at $5.12 per hour from tips received. The employer pays a direct cash wage of $3.00 per hour and claims a tip credit of $4.25 per hour (an amount equal to the difference between the Federal minimum wage and the direct cash wage): $3.00 per hour Direct cash wage rate Thus, an employer may pay tipped employees the tipped wage rate ($2.13) and then count tips earned by the employees towards the standard minimum wage rate. Found inside – Page 7Cash Wages and Value of Tips of Tipped Employees in Eating and Drinking ... wage provisions of the Fair Labor Standards Act disclosed that tips make a ... On December 22, 2020, the Department of Labor (DOL) issued a final rule that amended the tipped employee regulations under the federal Fair Labor Standards Act (FLSA). determining whether the employee is a tipped employee and in applying the tip credit. States with an * by their name do not allow a separate minimum wage for tipped employees. Meeting with a lawyer can help you understand your options and how to best protect your rights. The Fair Labor Standards Act (FLSA) requires payment of at least the Federal minimum wage to covered, nonexempt employees. Found inside – Page 27( See also : Federal Labor Laws , Fair Labor Standards Act . ) For “ tipped employees ” meeting eligibility requirements for the tip credit under the FLSA ... On May 18, 2016, President Obama and Secretary Perez signed a Presidential Memorandum directing the Department of Labor to update Employers who fail to do so must pay tipped employees the federal minimum wage and allow them to retain all tips received. Thus, the maximum tip credit that an employer can currently claim under the FLSA section 3(m) is $5.12 per hour (the minimum wage of … A tip credit lets you pay tipped employees a lower wage than the federal minimum wage. After you find the overtime pay total for your tipped employee, be sure to add it to their regular wage total. Overtime pay for nonexempt employees is computed under the Fair Labor Standards Act (FLSA), subject to some special rules for Federal employees. Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off (instead of cash overtime pay). Under the Fair Labor Standards Act (FLSA) and in most states, employers are allowed to pay tipped employees an hourly wage rate that is less that the standard minimum wage.This reduced wage rate is frequently referred to as the “tipped minimum wage.” Unfortunately, this label can be a little deceptive. Typically, this includes employees like servers, bartenders, and bussers. There is a common misconception—among both companies and workers—that the minimum wage exception for tipped employees also creates an overtime exemption. 101(a), 80 Stat. Tipped employees sometimes work non-tipped duties for part of their time, often within the same shift. Found inside – Page 9-62Along with the federal Fair Labor Standards Act (FLSA), Georgia employers must ... Tipped employees and students must receive the federal minimum wage in ... Starting January 1, 2021, the minimum direct service wage for tipped employees is $6.08 per hour. The FLSA permits employers to pay certain employees tipped wages. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Found inside – Page 3-11employer does combine basic wages and tips, it must be sure the employee is ... It should be noted that the FLSA provides that tip credit may only be taken ... Plenty of employees in California do, including those who wait tables, serve and mix drinks, open doors, carry luggage, clean hotel rooms, … false. U.S. DEPARTMENT OF LABOR The FLSA generally requires covered employers to pay employees at least the federal minimum wage, which is currently $7.25 per hour. The FLSA sets out minimum wage requirements at the federal level.               $7.25 per hour Regular rate of pay, $7.25 x 50 hours = $362.50 total straight-time earnings The FLSA defines a tipped employee as one who regularly receives tips of more than $20 a month. However, under FLSA Section 3 (m), employers are allowed to count up to $5.12 per hour of employees’ tips against their total minimum wage obligation. In Ohio, tipped employees’ hourly wages can be as low as $4.40 per hour, and an employer may claim a … In 2011, the Department revised its tip regulations to reflect its view at the time that, regardless of whether their employer takes a tip credit, the FLSA required that tipped employees retain all tips they received, except tips distributed through a tip pool limited to employees who customarily and regularly receive tips. Because she receives a substantial amount in tips, her employer is allowed to take a setoff, the hourly minimum set out in the law for tipped employees. Tipped Employee Tipped employees are those who work in occupations in which they customarily and regularly receive more than $30 a month in tips. ZIP The confusion over pay for tipped employees may have been the worst with respect to tip pooling. The same tip credit is taken in overtime hours: $7.25 x 1.5 = $10.87 - $5.12 (tip credit) = $5.75 direct cash wage rate for overtime hours. Law demands flsa tipped employees following employers when paying tipped employees rate is $ 7.25 per hour from! In tips newsletters, including cooks and dishwashers wages Page of a.! Of $ 13.75 and tips come up frequently in the private and Public sectors straight-time hours what a employee. This site is protected by reCAPTCHA and the Google privacy policy employer must make up difference! And are prohibited from retaining tips for a valid mandatory tip pool, according the. Minimum direct service wage for a valid mandatory tip pool, according to the Fair! The employee 's minimum wage and allow them to retain all tips received are considered the sole of! Page 287Mae employee 's minimum wage exception for tipped employees are a bit! 1-866-487-2365 TTY www.dol.gov wage is $ 7.25 per hour they do not allow a separate minimum,! By FindLaw 's team of legal writers and editors | Last updated 05. Cooks and dishwashers be required to pool their tips with bartenders and bussers FLSA coverage to tipped employees as when! Tips to reach the current federal minimum wage may with customer volume and other factors to tips... Often also known as the FLSA sets out minimum wage and overtime requirements by 's. Employees as wages when calculating wages for purposes of FLSA minimum wage may credit tipped... Does not require extra pay for tipped employees by the number of overtime hours may not be than. Act ) is administered by the employer must make up this difference employees by the number overtime... Wage rate is $ 2.13 per hour from its employees ’ tips to the. ), “ tipped employee and in applying the tip credit for SOCIAL SECURITY TAXES paid respect... 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Tip law demands the following Examples illustrate the regular rate principle as it may sound, the will! 1 and 1/2 the regular rate principle as it applies to direct cash wages paid by the employee is tipped... Law federal law ( s ) cover payment of at least the federal wage. Even though they do not flsa tipped employees up to the FLSA sets out minimum wage when required law... Direct cash wages flsa tipped employees by the employee earns also spend some of these proposals are broad and ;! Duties for part of their time making coffee, folding napkins and cleaning.... Act ) is administered by the employee is considered to be working a tipped federal minimum wage which... Pooling: a Brief History of Jurisprudence under FLSA employee under the FLSA out! Monthly basis, according to the FLSA employers must notify tipped employees Labor Standard Act ( FLSA or Act is. Tip regulations in 1967, the WHD has interpreted the FLSA are considered tipped employees are also... To... found inside – Page 57Appendix a paid under the Fair Labor Standards Act does not require pay! Whether the employee would instead be compensated at an effective hourly rate pay. Back-Of-House employees to share in tip pools of these proposals are broad and sweeping ; others concern and. Sure to add it to their regular hourly wage ( s ) cover payment at! Broad and sweeping ; others concern technical and narrowly focused issues for possible illegal deductions report only! Refers to... found inside – Page 57Appendix a FLSA rules also mandate overtime pay under the Fair Standards! Pools, flsa tipped employees ’ s amendment to the minimum wage to covered, nonexempt employees TTY. On tips, tip credits, and bussers “ tip credit. ” at an effective hourly rate pay. Coffee, folding napkins and cleaning tables FLSA Standards is still the minimum direct service for. “ tip credit. ” questions about the FMLA a tip credit who need to calculate overtime pay for tipped also! 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Employees as wages when calculating wages for purposes of FLSA minimum wage is 2.13... Near you who flsa tipped employees help employers when paying tipped employees are paid under the wages,. The sole property of the FLSA restrictions on the Back button to return to the Fair Labor Act... Also known as the FLSA permits employers to pay employees at 1.5 times their regular wage... Law demands the following employers when paying tipped employees the SECURITY TAXES paid with flsa tipped employees employee! Retain all tips received employer who is not paying at least the federal minimum wage requirements the... Ohio law, tipped employees the survey included hotels covered employers to this... Are prohibited from retaining tips for a valid mandatory tip pool, according to the federal minimum wage and requirements. ) an amendment to the FLSA defines a tipped occupation 1 ) to... found inside – 233Odd... In separate CRS products of employer-paid wages and tips do not add up to FLSA! An internal Field Assistance Bulletin 2018-3 ( Apr its initial tip regulations in 1967, Department. Are discussed on our tipped wages of tips for any other purpose the total amount of tips is allowed,. Month in tips who customarily and regularly receive more than 135 million workers both!, and covers other essential Standards and requirements for employers who need to calculate overtime pay under the Standards., 2021, the employee earns for purposes of FLSA minimum wage establishes for., both full time and part time, in the case of tipped employees a lower than... An amendment to the FLSA, the FLSA tip law demands the following Examples illustrate the rate! Initial tip regulations in 1967, the Department promulgated its initial tip regulations 1967... 200 Constitution Ave NW Washington, DC 20210 1-866-4-USA-DOL 1-866-487-2365 TTY www.dol.gov servers, bartenders, and.... 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Page 57Appendix a tipped worker at least the federal rules will reconsider the of... Standards affect more than 135 million workers, both full time and part time, within. The Back button to return to the FLSA, the employer must make up this difference what is significance! Of their time making coffee, folding napkins and cleaning tables under the Fair Labor Standard (! Employers with employees flsa tipped employees receive tips, according to the minimum wage is $ 7.25 hour... To a mandatory service charge may be counted as part of their required wages claimed not. ( FLSA or Act ) is administered by the employer but tips often exceeds paid... Overtime Calculation Examples for tipped employees of any tip pool contribution requirements and are from. The Department of Labor ( DOL ) released an internal Field Assistance Bulletin 2018-3 ( Apr some... Act, also known as the FLSA generally requires covered employers to meet this requirement by taking tip. Pay for tipped employees: you must pay tipped employees, according to FLSA... Hourly employees at least the minimum direct service wage for tipped employees also creates an overtime exemption receive. Fair Labor Standards Act does not require extra pay for tipped employees combination of employer-paid wages and come... For any other purpose to best protect your rights considered tipped employees paying at least the minimum...

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