Minimum Wage Lawyer

In Texas, employers can deduct swipe fees from some tips before tip out. But they have to follow these strict rules:

1. Never take more than the actual cost of the card processing fee;

2. Be sure the fee doesn’t drop your pay below minimum wage; and

3. Keep their hands off cash tips.

A true volunteer isn’t an employee and doesn’t have the right to minimum wage in Texas. But some employers try to avoid paying workers by calling them “volunteers” when they are not. If you work at a private, for-profit company you cannot volunteer your time there. You must be paid at least minimum wage for every hour you work at a for-profit company. Only non-profit employers, like churches and charities, can rely on unpaid volunteers. If your employer has misclassified you as a volunteer, they may owe you back wages and benefits.

Similarly, a true intern isn’t an employee and, as such, doesn’t have the right to minimum wage in Texas. But some employers dodge paying minimum wage (and overtime) by mislabeling employees as unpaid interns. When that happens, employees–who are owed minimum wage–don’t get paid for their time at all. In general, it’s illegal for a for-profit company to hire interns without paying them. The only time an unpaid internship could be legal is when the internship is for the intern’s benefit. That means, as the intern, you:

• Get academic credit for time spent in the internship

• Work at times that accommodate your school schedule

• Receive training that would be similar to training you could get in a school setting

• Don’t displace any employee at the company

• Work for a semester or other short, limited amount of time

• Aren’t promised any permanent job in the future