State Bar of Texas
Board Certified
Best Lawyers Best Law Firms
Super Lawyers
Avvo Rating
Dallas Bar Association

Tipped Employees

The Texas employment attorneys at Rob Wiley, P.C. fight for tipped employees who are not being paid the wages that they are owed.  The law regarding how employers pay tipped employees is complicated, and employers are notorious for paying tipped employees incorrectly. It is important for tipped employees to know their employment rights. Contact our employment attorneys in Dallas today.

What is the Minimum Wage for Tipped Employees?

The minimum wage for tipped employees in $7.25 per hour. If a tipped employee is paid $2.13 an hour in direct wages, the employee's tips must come to $5.12 per hour or greater in a work week. This difference between $2.13 and the minimum wage is called the “tip credit.”

Using the tip credit to meet the minimum wage requirements is a privilege, not a right. An employer must strictly comply with all regulations regarding the tip credit or the employer loses the tip credit. If an employer loses the tip credit, the employer must go back and pay the $5.12 difference out of the employer’s pocket for all hours worked in the past two or three years. In many cases, the employer must pay a penalty equal to the amount owed. This means that an affected worker would receive twice the tip credit (currently $10.24) for each hour worked in the past two or three years. If an employer uses a tip pool in calculating the tip credit, the employer must strictly follow all tip pool requirements.

Our Employment Attorneys Fight to Ensure Tipped Employees Receive Overtime Pay

Tipped employees are usually paid less than the normal minimum wage (often as low as $2.13 per hour). However, employers must pay tipped employees overtime as required by law. This overtime calculation is often different than it is for other hourly employees, and it is not as simple as paying time and a half.

Employers make frequent mistakes and pay a lesser overtime amount than required by law. Our Texas employment lawyers can determine whether you are paid the correct overtime rate. Contact us today.

Contact Our Employment Lawyers Immediately

Our Dallas employment attorney have experience fighting for tipped employees. We aggressively pursue claims for unpaid overtime and minimum wages.  Contact our Texas employment lawyers if you are a tipped employee and believe that you are owed wages.

Client Reviews
★★★★★
I would recommend the Law Office of Rob WIley, P.C. to anybody needing assistance with employment rights. They did an incredible job of handling my case professionally and in a very resonable time frame. In my initial consultation with Rob Wiley I was given a very straight forward analysis of my claims after which Fadi Yousef was the attorney assigned to my case. Working with Fadi was the best. He showed care and a true concern for the direction and result of my lawsuit. Fadi was always available and was in constant communication with me throughout. I thank Fadi Yousef, Rob Wiley and his team for doing a phenomenal job, they were an absolute pleasure to work with. R.G.
★★★★★
Rasha, Eric and Rob did it again a Second time around! I'll admit, they are truly the BEST employment lawyers out here in the Metroplex! Not only they won a case against my previous employer, they also won my unemployment insurance (UI) case as well! It is such a relief and a huge burden off my shoulders about not worrying how I'm going to pay my bills now and provide food for my family. I can't say enough how awesome they are and how far they go to make sure you are taken well care of. Thank you so much Rasha, Eric and Rob for all that you did for me! J.T.
★★★★★
Rasha Zeyadeh and Rob Wiley provided a very professional and comfortable experience. My case was tough being in Texas, but, Rasha worked very closely with me to get the best result possible. She was extremely open to listening to my concerns and suggestions, while using her expertise to guide me to the best result in my case. I would definitely recommend Rasha and Rob Wiley if you are in need of their type of service. I will use them again if needed! K.G.