Common Wage Violations for Bar & Restaurant Staff in Nashville, TN – All You Need To Know

Nashville is a city well known for its country music and vibrant restaurant and bar scenes. Tourists and even locals love to go out and soak up the nightlife. Although it is exciting for them, many employees face issues such as unpaid wages or other unfair labor practices. If you are an employee, here are some common wage violations for bar and restaurant staff in Nashville, TN, that you may need to watch out for.

Common Wage Violations in Nashville’s Hospitality Industry

Nationally, wage theft costs workers $15–$50 billion yearly. This is done through violations against Music City employees, including: 

Unpaid Minimum Wage and Tip Credit Violations

These violations are the most direct and widespread of them all. It happens when an employer fails to ensure that a tipped employee’s total earnings (hourly wage + tips) actually meet the federal minimum wage of $7.25 an hour. For example, if you have a slow shift where you did not earn enough tips to reach that threshold, your employer is required to pay the difference.

Illegal Tip Pools and Misappropriation of Tips

Tip pooling is a common practice, but it needs to be done correctly. Under the Fair Labor Standards Act (FLSA), if an employer takes a tip credit, only employees who customarily and regularly receive tips can be part of the tip pool.

This generally only includes servers, bartenders, and bussers. It does not include the back-of-house staff, such as cooks, dishwashers, or managers. A manager or employer is never allowed to keep any portion of an employee’s tips, whether directly from them or from a pool.

Just two years ago, the U.S. Department of Labor recovered $270,751 in back wages after investigators learned that a Nashville restaurant required servers to share tips with dishwashers and failed to pay some workers overtime wages when required.

Overtime Violations

Even though Tennessee has no state-specific overtime law, the FLSA states that non-exempt employees should be paid 1.5 times their normal rate of pay for any hours worked over 40 in a single workweek. Many employers misclassify employees as “exempt” to avoid paying overtime, or they simply fail to pay the proper rate for the hours their employees worked.

If your job duties don’t meet the strict criteria for an administrative, executive, or professional exemption under the FLSA, you’re likely entitled to overtime pay.

Off the Clock Work

Working off the clock is a serious violation. This is when an employer requires or allows an employee to perform work duties without being clocked in, such as:

• Pre-shift duties, such as setting up a dining room or prepping the bar before your official start time.
• Post-shift duties like cleaning, rolling silverware, or closing out a register while you’re clocked out.
• Working through a lunch break that is automatically deducted from your time.

All time spent performing work for an employer must be compensated and recorded. Employers can have legal claims filed against them for this violation, and employees can receive back wages and other compensation for damages.

Illegal Deductions From Wages

Employers are not allowed to deduct money from an employee’s paycheck for things such as:

• The cost of uniforms or tools that are primarily for the benefit of the employer.
• Breakage of dishes or other equipment.
• Customer dine and dash or any unpaid tabs.
• Cash register shortages.

Any such deductions are considered illegal if they cause an employee’s pay to fall below the minimum wage. Additionally, in Tennessee, employers can’t make deductions from their employees’ paychecks without prior written consent.

What Should I Do if I am the Victim of a Wage Violation?

If you believe that your employer has committed a wage violation, it is important that you take action. You should start by documenting everything, from your hours worked to any tips earned and even conversations you have with your employer or manager.

If you’re feeling overwhelmed and stressed about everything that may be happening to you, you can hire a Nashville wage and hour lawyer who can work on your behalf to recover any lost wages and other damages you may be entitled to.

FAQs

What Is the Minimum Wage for Bartenders or Other Restaurant Staff in Nashville?

Tennessee does not have its own state minimum wage law for tipped employees, so the minimum wage will be what the current federal minimum wage is. The FLSA has set the federal cash minimum wage at $2.13 per hour. This hourly pay is lower than regular minimum wage because it is supplemented by tips.

Are Bar and Restaurant Staff Entitled to Overtime Pay?

Most bar and restaurant staff are considered non-exempt employees under the FLSA; therefore, they are entitled to overtime pay. This means that you are entitled to be paid 1.5 times your regular rate of pay for all hours worked over 40 in a single week. If you have concerns that your job title has been classified incorrectly, you should have a lawyer review your job duties and determine whether you are properly classified.

Is My Employer Allowed to Take a Portion of My Tips?

No, your employer is not allowed to take a portion of your tips. Under the FLSA, employers and managers are prohibited from taking any portion of an employee’s tips. Tips belong to the employee only. It is important to note that an employer can do a legal tip pooling arrangement where employees share tips with other tipped employees, like servers, bussers, or bartenders.

What Should I Do if I Think My Employer Is Violating Wage Laws?

You should start by keeping a detailed record of your work hours, tips, and any conversations you have with your manager. It is recommended that you save your pay stubs as well. Then you should reach out to an attorney who works in employment law and discuss how you could move forward in your situation.

Call Yezbak Law Offices to Discuss Any Wage Violations

Do not let your employer deny you the pay that you have earned. At Yezbak Law Offices, we have experience fighting for employees’ rights and holding employers accountable. Contact us today so we can discuss your situation and provide legal guidance for your next steps.