Despite the attempted degradation of the fast food worker in today’s society, those workers must be paid at least the minimum wage required by the applicable state and federal law. The Fair Labor Standards Act (FLSA) requires a federal minimum wage for fast food workers of $7.25 per hour. However, many states have a minimum wage that is higher than the FLSA requirement. In Ohio, minimum wage is $8.55 per hour, which would apply to most fast food workers.
Tipped employees may be treated differently when certain requirements are satisfied and rules in relation to those tips are followed. State and federal laws allow for a “tip credit” that essentially results in a lower hourly rate to account for the tips brought home by the employee. However, to be eligible to be treated as a tipped employee, one major requirement causing issues for employers is what amount in tips an employee must bring home monthly in order to be eligible for the tipped employee minimum wage rate. This rate is different under various state laws, and the federally required minimum cash wage after application of the tip credit is $2.13 per hour with an employee receiving more than $30.00 per month in tips. In Ohio the tipped minimum wage is $4.30, with the same minimum tip amount of $30.00 per month as the federal law. In other words, in Ohio, if an employer is paying a worker the $4.30 hourly rate, and the employee brings home less than $30.00 per month in tips, the employer is required to adjust the wage rate of that employee to the full minimum wage, rather than the reduced rate.
Fast food workers are fighting against wage theft and unfair working conditions. COWC stands in solidarity with Sonic Drive-In workers and fast food workers across the United States.