Section R20-5-1206. Payment of Minimum Wage; Commissions; Tips

A.      Subject to the requirements of the Act and this Article, no less than the minimum wage shall be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commis- sioned, piece rate, or any other basis.

B.       If the combined wages of an employee are less than the appli- cable minimum wage for a work week, the employer shall pay monetary compensation already earned, and no less than the difference between the amounts earned and the minimum wage as required under the Act.

C.      The workweek is the basis for determining an employee’s hourly wage. Upon hire, an employer shall advise the employee of the employee’s designated workweek. Once established, an employer shall not change or manipulate an employee’s workweek to evade the requirements of the Act.

D.      In computing the minimum wage, an employer shall consider only monetary compensation and shall count tips and commis- sions in the workweek in which the tip or commission is earned.

E.       An employer is allowed to:

1.        Require or permit employees to pool, share, or split tips; and

2.        Require an employee to report tips to the employer in order to meet reporting requirements of this Article and federal law.

Historical Note

New Section made by emergency rulemaking at 13

A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 2785, effective July 17, 2007 for 180 days (Supp. 07-3). New Section made by final rulemaking at 13 A.A.R. 4315,

effective January 13, 2008 (Supp. 07-4).