At a place I work, one of my friends was receiving below minimum wage. It’s a restaurant, and while the hostesses there are supposed to receive $7.25, the waitresses receive below that, around $6.50. Now, we have two girls with the same first name, say Anna and Anna. Now, Anna A. is a hostess but Anna B. is a waitress. I was talking to hostess Anna A. and it turned out she was getting below minimum wage, at $6.50, while Anna B. the waitress got $7.25. I asked the boss/owner about the mixup, but he claimed that because Anna A. is a youth (she was 16) he could pay her less, and that the reason Anna B. was receiving $7.25 was because she had worked at the restaurant a while. I couldn’t say anything at the time, but when I did some research, it turns out he can pay people under 20 below minimum wage, but only for the first consecutive 90 days. Anna A. had been working there about 9 months. Yet when I told him about the issue, he said he supposed it was time to give Anna A. a raise, so she’s now getting minimum. Later I looked at Anna B.’s paycheck, and she’s now getting $6.50 like other waitresses. It seems to me my boss made a mistake by paying the wrong Anna the wrong wage, but doesn’t want to admit his mistake so he doesn’t have to pay Anna A. her lost wages. What do you suggest should be done?
Dear Jamie: You could tell Anna A. to call the U.S. Department of Labor (Wage and Hour Division) to get answers to her questions concerning back pay. The phone number is: 1-866-487-9243. This is their helpline where they assist workers about the laws in their state and their employment rights. Here is a link to the Department’s website that provides additional information. Good luck to your friend.
(This is information only – not legal advice.)