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C. Tips and Wages
Millions of women in this country work in retail sales or as waitresses or beauticians. These services are typically paid on an hourly-plus-tips basis. Rules governing hourly jobs, such as the minimum wage that can be paid, overtime, and restrictions on child labor, are primarily based on the Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law. Some states have passed more stringent laws. For example, every state has wage and hour laws that regulate when and how employees are paid. Certain states require that employees receive a meal period a few hours after beginning work; other states require breakfast periods as well. Rules concerning the amount of paid time employers are required to extend for coffee and lunch breaks vary from state to state, and employers must typically pay accrued wages no less than twice per month.
Like the EPA, the FLSA requires that male and female workers receive equal pay for work that requires equal skill, effort, and responsibility. It also defines when employers may give compensatory time (time given off from work instead of cash payments). For part-time workers, employers may not be required to provide any benefits other than those covered under state and federal law, including social security, unemployment insurance, and workers' compensation insurance. Speak to a representative at your state's Department of Labor regional office to get the facts.
If you earn more than $30 a month in tips, your employer can pay you less than the minimum wage (up to 50 percent less in certain instances) provided the total amount of wages and tips reaches the federally guaranteed minimum wage. However, employers are generally forbidden from taking tips away from you. Rules governing the sharing of tips, withholding requirements, and deductions from your salary or tips due to cash shortages, breakage, uniforms, or use of tools and equipment are governed by state law. Check with a local Department of Labor office to determine how much minimum pay you must receive if you get additional tips in your job.
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