In Florida how they pay vacations to servers, by the minimun wage of 3.77 or Florida Min. Wage 6.79?:(

Vacation is not a right, they don't have to even give vacations.

Chuck is correct in that the employer is not required to give vacations, however, if the employer has a vacation policy than it would be paid on whatever wages you are currently earning, but not lower than minimum wages.

Vacation is considered a fringe benefit. The employer policy guides how vacation works. If vacation is paid to one employee it must be paid to all.

Some states (not Florida) have greater regulation on vacation, especially in California. In Florida it is between the employer and the employee as long as everyone is treated the same in regards to vacation.

Shirley

If I am not mistaken on most servers, their tips have to make up the difference between wages page and min wage when they are working.

And for those companies I have worked for that did offer vacations, some do not, you had to be a full time employee, part time never got any of the extra benefits, and they were paid an amount that was the average of their pay for some period prior to the vacation time.

Yes tipped wage earners make up the difference with tips, however, if no tips are earned minimum wage still must be paid. They are only allowed to pay a subminimum wage because tips are earned. THe employee must earn a minimum wage with or without tips. That means that the base pay for that employee is minimum wage.

They can figure vacation however their policy is but every employee has to be treated the same. They cannot figure vacation differently for one employee than for another employee.

Shirley