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I used to work as a server here in NC and while the laws do state that employers are suppose to make up the difference, they usually don't. Everywhere I have worked, save for one place, ALWAYS went back in the computer system and changed my wages (claimed tips) so it would appear that I made over minimum wage, and leave me earning approximately $2.25/hr. So yes, while they are suppose to, I would venture to say that they won't.

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Q: In Virginia if a waiter does not make minimum wage is the employer responsible to make up the difference?
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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?

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.


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