I asked a question about my daughter working at a Subway Restaurant, and not making miminum wage, although she is 18. Is this legal?

UPDATED: Jun 25, 2009

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I asked a question about my daughter working at a Subway Restaurant, and not making miminum wage, although she is 18. Is this legal?

even if she can’t receive tips? And if it is illegal, what can be done about it? She turned 18 in April, but only makes $5.90 per hour. They told her as long as she was in school, they could do this, but she graduated from high school on June 7th, and they still won’t give her minimum wage.

Asked on June 25, 2009 under Employment Labor Law, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to contact the Wisconsin Dept of Workforce Development to go over those laws.  If in fact there has been a violation, then you have two routes, which in most states you can follow simultaneously: http://www.dwd.state.wi.us/er/labor_standards_bureau/minimum_wage.htm

1. File an administrative complaint through the above agency http://www.dwd.state.wi.us/; and

2. Consult with a labor lawyer in your state.  Try www.attorneypages.com and check his or her record at the Wisconsin State Bar.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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