An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $5.85 per hour effective July 24, 2007. An employer must pay at least $2.13 per hour. However, if an employee's tips combined with the employer's wage of $2.13 per hour do not equal the hourly minimum wage, the employer is required to make up the difference.

http://www.dol.gov/wb/faq26.htm

In the resturant industry you make tips so as idiotic as it might seem they don't have to pay you mim. wage.

Cheryl,
You answered the same question as what I wrote previous. Now the question is I know miniumn wage is $5.85 and hour, but I am getting $5.00 and hour, I do not work an 8hr. shift. I will work maybe a 7hr shift sometimes. I work normally 2 to 4 hrs. and I don't get any tips what so ever. There is another employee she works a split shift and she gets paid not $5.85 an hr. she get paid $6.00 an hr. plus overtime of $3.00. She works in the back and then she works in the front and she hardly gets any tips either.

Gena

When I worked in restaurant, we got paid less for waitress work, becuz of the tips, & when we worked in kitchen, we were pd min.wage. This is something you need to talk to your boss about.