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Barrett Johnston
The Wage and Tips Law Experts
At Barrett Johnston Martin & Garrison, we are dedicated to fighting for justice and protecting the rights of individuals, particularly those impacted by wage and tip theft. Based in Nashville, Tennessee, our firm has a long history of representing workers in complex litigation, including wage and hour disputes, employment discrimination, and whistleblower cases.
Our experienced trial attorneys are committed to holding employers accountable for unfair pay practices and ensuring that every worker receives the wages and tips they’ve earned. With a strong focus on wage and tip theft cases, we’ve built a reputation as trusted advocates in the fight for fair treatment and justice.
We Can Guide You
The Process We Use Is Simple and Clear
01 Initial Consultation
When you make contact with us, we will schedule an initial free and confidential consultation with you to understand your situation.
02 Case Evaluation
We can provide an impartial view of the facts of your situation and determine whether your current or former employer may have violated your wage rights.
03 Case Development
We will structure our approach to be methodical and effective. This step creates a clear plan for action.
04 Bringing a Case
Where bringing a case is supported by the details of the situation, we will do so on your behalf and on behalf of others who are similarly situated to you. In wage and tip recovery cases, we front the costs and represent you and others on a contingency basis.
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Get Your Questions Answered
Frequently Asked Questions
Federal and state wage laws can be complicated. That’s why your first step should be to contact a law firm, and we are here to help.
Common wage law violations include failure to pay for all time worked; failure to pay overtime at the correct hourly rate; failure to pay overtime at all; and failure to pay a proper salary.
Employers often take what’s called the “tip credit” under the FLSA and applicable state law to pay their tipped employees at a sub-minimum hourly rate. However, to do so, employers must meet several requirements, including: (1) properly notifying employees that they are taking the tip credit; (2) ensuring that the employee’s tips are not shared with employees who are not eligible to receive tips; and (3) not using the tipped hourly rate to pay employees for spending worktime on significant non-tip producing work.
Employers can make deductions under specific circumstances, but they must ensure that these deductions do not reduce your earnings below the minimum wage. Certain deductions for items like uniforms or equipment may not be permitted. It’s crucial to check both federal and state guidelines to determine what is allowed, as violations can lead to wage theft claims.
Yes, it can be. However, tips may only be shared with employees who are eligible to receive tips. Employees who are paid tips must interact with customers. For example, tips earned by servers and bartenders cannot be used to pay “back of house” employees, like cooks, dishwashers, and others who do not interact with customers.
Also, employers cannot use tips to pay their managers, nor can employers keep a portion of their tips themselves. Such practices are strictly prohibited.
First, you should talk with a lawyer. That’s why we are here. We are experts at building cases to recover wages, tips, and other compensation. You should know that you do not have to have documentation to prove wage violations. We are often able to prove wage violations through testimony and circumstantial evidence. Moreover, the law places the burden on the employer, not the employee, to maintain employment records including records of time worked, wages paid, and tips earned and shared.
It is illegal for employers to retaliate against employees for filing complaints regarding wage or tip theft. Federal law protects you from being fired, demoted, or discriminated against for asserting your rights. However, you should be cautious and document any negative changes to your employment status following your complaint, as retaliation claims can be complex.