Is it legal to get paid waitress wage while being trained?
Asked by Stephanie
I just recently got a job at a restaurant that required 2 weeks of training, throughout this training I was not receiving tips. Is it legal for the employer to pay me waitress wage during this time?

Best Answer:
No, you should have made at least minimum wage ($7.25) during training. It is illegal to pay you less than that when you are receiving no tips. It might have been a clock in error under the wrong postion (server instead of training) Just bring it to there attention and I'm sure they'll pay you the difference. EDIT-Oh and meghan is stupid obviously she's never worked in a restaurant. Waitress wage is $2.13 minimum not $7.25.
9 years server and bartender
Answered by Erin

as a waitress you must make at least minimum wage for every hour worked...........when you don't make enough in tips the employer must make up the difference. many states do not allow a tip credit to be taken by the employer. this link explains tips and the tip credit http://www.dol.gov/dol/topic/wages/wagestips.htm if this employers "waitress wage" is less then minimum wage and you do not receive tips then this is ILLEGAL.
Answered by michr

I don't know if this varies by state or what so just so you know, I'm in Missouri and can't speak for wherever else. Here you have to be paid minimum wage. If your tips don't add up to minimum wage they have to pay you at least that much.The job I worked we had to enter in our tips at the end of each day, at the end of the week if our tips did not equal what we would have made at min. wage the company made up the difference. Now you realize that we paid taxes on our tips this way. Maybe it is different depending on the company but it was my impression that this was standard practice. Most waitresses make more than min. wage in a week but this just ensures that you can make a living on slow weeks.
Answered by April H

Yes it is legal, as long as you are being paid at least minimum wage. Employers have to pay you no less then minimum wage. The reason you are paid so little during training is because you have someone helping you to learn your duties in the job and because of that your trainer is having to take time away from thier duties to train you. So a company is not required to pay you full wages until you are qualified to do the job by yourself. I know it does not seem fair but that's just the way it is. Good luck!
Answered by Meghan

No it's not. They are supposed to pay you minimum wage while training.
Answered by Dark

If they are paying you waitress wages and you are not receiving tips call the labor board. This is not legal. You should be paid around 7.25 an hour while training.
Answered by The joker