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The minimum wage for restaurant, diner, and bar servers is much lower than the minimum for other workers. Your employer is obligated to pay you the server minimum, nothing more. It sounds like you need to find a more popular establishment. *In Kentucky and Indiana, the employer is supposed to pay you the difference between what you make in tips and the minimum wage if your tips do not bring you up to that. It is very seldom that tips do not bring the wages of a server up to minimum wage when averaged over a period of a few days to a week, so employers assume that overall you are making minimum wage or more and do not make up the difference if you have a bad day every now and then.

2009-09-27 22:55:40
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Q: If a waitress counts her tips and they equal less than the minimum wage for the hours worked is the employer responsible to make up her pay to at least minimum wage?
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