Wisconsin Minimum Wage ViolationsEvery Wisconsin Employee Has the Right to Earn Wisconsin's Legal Minimum Wage
Federal and Wisconsin minimum wage laws require employers to pay their employees a minimum wage of $7.25 for each hour worked. Employees must be paid minimum wage for all hours they work for the employer. Where an employer does not pay their employees for all work performed, it is known as an off-the-clock work violation, one of a number of types of Wisconsin minimum wage violations.
Deductions Cannot Bring an Employee Under Wisconsin Minimum Wage
Employers often try to pass the cost of doing business onto their employees by making deductions from wages. However, most deductions cannot bring an employee’s wages below Federal minimum wage or Wisconsin minimum wage. Common deductions include cash register shortages, broken equipment, lost materials, restaurant walk-outs, and uniforms. When a tipped employee is paid at a rate below minimum wage, no deductions can be taken at all.
Wisconsin law prohibits an employer from making a deduction from an employee’s wages for defective or faulty workmanship, lost or stolen property or damage to property unless it is authorized in writing by the employee.
Special Minimum Wage Rules For Tipped Employees
Tipped employees including servers and other restaurant employees who have customer contact can be paid a sub-minimum wage at $2.33 per hour. When an employer takes a tip credit by paying servers $2.33 per hour, the tips the employee receives, when added to the hourly wages paid, must exceed minimum wage for each hour worked. Further, under Wisconsin minimum wage laws, an employer must have a signed tip declaration from each tipped employee each pay period.
An employer cannot pay its employees tips only; all tipped employees must be paid at least $2.33.
Only Tipped Employees Can Share Tips in a Tip Pool
Tipped employees can participate in a tip pool with other tipped employees where they tip out certain other employees. However, where a supervisor, manager, cooks or other employees who do not have contact with the customer receive part of the tip pool, the employer can no longer use the tip credit – it becomes an illegal tip pool. In a tip pool, the tips can only be shared with those individuals who have customer contact. Including non-tipped employees in a tip pool makes the tip pool illegal.
Our Wisconsin Minimum Wage Attorneys Will Fight For Your Right to Minimum Wages
The experienced Wisconsin minimum wage attorneys at Hawks Quindel have assisted thousands of employees in recovering their wage. Whether a server in a restaurant is forced to participate in an illegal tip pool or an exotic dancer is not paid any wages at all, the wage and hour attorneys at Hawks Quindel can help. The attorneys at Hawks Quindel are experienced in class and collective action claims for minimum wage.
If you think you have suffered Wisconsin minimum wage violations, Hawks Quindel’s wage and hour team will provide you with a free consultation to answer your questions and evaluate your potential claim. Please contact us if you would like to discuss your wages rights under federal FLSA laws. In Madison, call (800) 610-0040 or (608) 257-0040. In Milwaukee, call (800) 236-3348 or (414) 271-8650, or send us an email.