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Currently, the federal minimum wage is .25 an hour.
The employer cannot claim a tip credit for those two hours of non-tipped work because they're not related to the waiter's tipped duties.
Many states, including Indiana, allow employers to require tip pooling or “tipping out.” All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees.can't be required to pay more into the pool than is customary and reasonable, and the employee must be able to keep at least the full minimum wage.
(In other words, if the employer takes a tip credit, the employer can count only the tips the employee gets to take home against its minimum wage obligation.) Under federal law, if the employer claims a tip credit, then only employees who regularly receive tips can be part of the tip pool.
When you receive tips as part of your compensation, your legal rights under wage and hour laws become a bit more complicated.
The rules about what counts as a tip, how much your employer must pay you, and whether you have to contribute to a tip pool (among other things) all depend on the laws of your state.