WHAT IS HAPPENING
Pennsylvania’s Department of Labor & Industry is proposing improvements to the state’s minimum wage and overtime law that would greatly affect restaurant workers (particularly tipped workers) by ensuring that employees rightfully receive the wages and tips that they earn.
All workers in Pennsylvania need to be fairly paid for their labor and these proposed improvements will do this by updating the rules governing tipped workers, increasing workers’ earnings, and making sure that the income that tipped workers rely on (and legally belongs to them) is not unfairly taken by employers and managers.
THE PROPOSED IMPROVEMENTS
- Employers would only be able to take a tip credit for employees that make $135 per month in tips and spend at least 80% of a daily work shift performing tipped duties
- Tip pooling would be limited only to employees who spend at least 80% of a daily shift performing tipped duties
- Employers would be required to notify employees of tip pools and keep records regarding tip pools
- Employers would be prohibited from deducting credit card processing fees from tips
- Employers would be required to inform patrons that service charges are not tips
HOW YOU CAN HELP
Right now, the Department of Labor & Industry is accepting public comments, which will help shape their finalized rule. We need to urge them to protect Pennsylvania’s tipped workers wages and income by implementing these regulations. The deadline to submit comments is December 20, 2021.
SUBMIT YOUR COMMENT BELOW
Sample Comment:
As a restaurant worker, I support the proposed improvements to Pennsylvania’s minimum wage and overtime law that would greatly affect tipped workers by ensuring that employees rightfully receive the wages and tips that they earn.
While it is still unfortunately legal for employers to pay us as little as $2.83 per hour, the cost of doing business should not be passed along to those being paid the lowest wages. It is not fair to us, the workers, that restaurants can legally take a portion of our tips to pay credit card fees and we should not have to endure hours of side work that does not result in earning tips without being paid a full wage. Employers must also be doing their due diligence of informing their customers that the services fees that are included on certain bills are not actually tips being paid to us.
BY FILLING OUT THIS FORM YOU AGREE TO LET ROC UNITED SUBMIT A COMMENT TO THE DEPARTMENT OF LABOR & INDUSTRY ON YOUR BEHALF.
