Question: Is it legal for waiters and waitresses to be paid below the minimum wage?

Answer: An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $6.55 per hour effective July 24, 2008. 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.