2. • Passed in 1938, The Fair Labor Standards Act (FLSA)
prescribes standards for wages and overtime pay, which
affect most private and public employment.
• Requires employers to pay covered employees at least
the federal minimum wage and overtime pay of one-and-
one-half-times the regular rate of pay.

3. • Section 3(m) of the FLSA permits an employer to take a
tip credit toward its minimum wage obligation for tipped
employees equal to the difference between the required
cash wage (which must be at least $2.13) and the
federal minimum wage.
• As of January 1, 2013, Florida’s minimum wage is
currently $7.79, and allows a tip credit of $3.02. This
means tipped employees in Florida must receive a
wage of at least $4.77/hr.

4. • Amount of tip credit cannot exceed actual tips received
• Employer must explain tip credit system to you
• Cannot force you to tip out to non-tipped employees
(management, cooks, cleaning crew, etc.)
• More than 20% of your shift performing non-tipped work

5. • The Florida constitution allows back pay, attorneys' fees,
equitable relief, as well as an amount equal to the back
pay in double damages.
• Florida also may also fine your employer $1,000.00 per
wage infraction
• If you believe you have a claim, speak with an attorney
immediately regarding your rights and options.

6. • Under Federal Law, you have 2 years to file a claim, 3
years if your employer was violating the FLSA willingly.
• Under Florida Law, you have 4 years to file a claim, 5
years if your employer was violating the FLSA willingly.

7. FAST V. APPLEBEES
Under the FLSA, your employer may not apply a tip credit if
20% or more of your shift is spent performing non-tipped
duties.
• Rolls
• Cleaning
• Pre-shift duties
• Closing duties