If you’re a tipped employee, you’ve certain rights under federal and New Jersey laws. These rights include the right to retain all tips received, the right to be paid at least the minimum wage, and the right to keep tips even if the employer takes a tip credit. The law requires employers to inform employees of their tip credit, and you can review your payroll records.
If you believe your employer has violated your rights, you can file a complaint with the Department of Labor. The complaint should include specific details about the violation, such as the incident’s date and time, the witnesses’ names, and other related evidence.
The Department of Labor will investigate the complaint and take appropriate action if necessary. You also have the right to file a private lawsuit against your employer for tip violations.
In short:
- Know your rights: Familiarize yourself with the laws and regulations governing your industry and your state’s tipped employee-specific laws.
- Keep accurate records: Keep a record of tips received and ensure your employer records them appropriately.
- Seek legal advice: If you have experienced wage theft or other violations of your rights, seek legal advice from a qualified attorney.