Florida Tip Credit Attorneys
Cantrell Schuette is a top-tier law firm in Florida for restrictive employee rights and tip credit counseling. You can be sure to get professional advice from attorneys graduating the top 10% of their class.

Award Winning National Tip Credit Attorneys

WHAT IS A TIP CREDIT?
Federal law permits employers to take a “tip credit” on wages for customarily and regularly tipped employees. A tip credit permits the employer to pay the employee less than the minimum wage so long as the combined hourly wages and tips exceed the minimum wage rate. The maximum tip credit allowed by federal law is $5.12 per hour. Florida law, however, permits a maximum tip credit of $3.02 per hour.
This means that customarily and regularly tipped employees in Florida must be paid an hourly rate of no less than $8.98 per hour. This will increase to $9.98 per hour in September 2024.
A customarily and regularly tipped employee is someone who receives more than $30 per month in tips.
For a consultation, contact us today at 1-877-858-6868 or coordinator@caklegal.com.

WHAT ARE COMMON WAYS EMPLOYERS ILLEGALLY UNDERPAY TIPPED EMPLOYEES IN FLORIDA?
- Paying a base hourly rate of less than $8.98 per hour ($9.98 after September 2024).
- Failing to make up the difference between the minimum wage (currently $12 per hour – $13 per hour after September 2024) and the combined hourly wages and tips. For example, if a tipped employee’s average combined hourly wages and tips for a pay period is $10.50 per hour, the employer generally must pay the tipped employee an additional $1.50 per hour.
- Allowing ownership, managers, and supervisors to keep tips regardless of whether the owner, manager, or supervisor participates in the tip pool or if the employer takes a tip credit.
- Failing to inform you of the tip-sharing policy before you begin working. This includes failing to inform the employee of any of the following:
- The hourly wage the employer will pay the tipped employee.
- The amount of the tip credit the employer will claim.
- That the tip credit claimed by the employer cannot exceed the amount of tips received by the employee.
- That all tips received by the tipped employee are to be retained by the employee except for a valid tip pooling arrangement limited to employees who customarily and regularly receive tips.
- That the tip credit will not apply to any tipped employee unless the employee has been informed of these tip credit provisions.
- Including service charges (such as mandatory gratuity) when calculating the tip credit.
- Failing to include service charges when calculating the overtime rate of pay.
- Deducting for walkouts, breakage, or cash register shortages.
MY EMPLOYER IS UNDERPAYING TIPPED EMPLOYEES IN FLORIDA – AM I ENTITLED TO MONEY?
Possibly. You may be entitled to back wages (i.e. the amount your employer failed to pay you) and liquidated damages (an additional amount equal to the amount of your back wages). The experienced tip credit lawyers and tip-sharing attorneys at Cantrell Schuette. Contact us at 1-877-858-6868 or at coordinator@caklegal.com.
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Litigation Practice
- Breach of Contract
- Commissions & Bonuses
- Discrimination, Harassment, & Retaliation
- Employment Counseling & Litigation
- Equal Pay Act
- Executive Compensation
- Family and Medical Leave Act
- Hostile Work Environment
- Non-Competes and Employee Mobility
- Partnership Disputes & Business Divorces
- Disability Discrimination Attorney
- Pregnancy Discrimination
- Race Discrimination
- Securities & FINRA
- Sexual Harassment Attorney
- Sexual Orientation and General Identity Discrimination
- Wage & Hour
- Whistleblower
Cantrell Schuette is a recognized leading law firm for representing franchisees and distributors in the US and internationally. We have nearly two decades of experience in representing such clients. We are actively involved in Franchise and Dealer Associations. We also lobby on behalf of state and federal lawmakers to help improve and protect the rights of franchisees.
While some franchisees enjoy their franchise experience and are partnered with franchisors that help their franchisees to succeed and be profitable, unfortunately there are ever increasing predatory practices by franchisors. We have a franchise lawyer practice group who dedicate much of their career to protecting and advocating for aspiring and established franchisees. We provide guidance on virtually every type of franchise issue and dispute.
Our franchise attorneys in our practice group are elite. They attended top law schools, graduated in the top of their law class, have many industry-specific experience, and continually provide continuing education to industry insiders and even other attorneys on franchise-related topics. This is why we are trusted by franchisees of a substantial number of brands across many industries through the US and internationally.
Contact us today at 1-877-858-6868 or coorrdinator@caklegal.com.
DISPUTES WITH FRANCHISORS OR VENDORS
At Cantrell Schuette, we exclusively represent franchisees, not franchisors. We are retained nationally and internationally for representing franchisees for legal disputes. In this regard, our experience and results are unparalleled. Our bench of franchise attorneys are nationally renowned litigators and trial attorneys. Below are some of the common litigation services we provide to franchisees:
- Franchisee representation in pre-suit required mediations, arbitrations, and state and federal courts nationwide and internationally.
- Franchisee representation with claims relating to termination rights, intellectual property, restrictive covenants, and royalty/fees.
- Franchisee representation with claims against franchisors for fraud or mismanagement relating to marketing-funds, encroachment, cannibalization, breach of good faith and fair dealing, fraud in the inducement, fraudulent concealment, and breach of contract.
- Franchisee representation with claims against franchisors for statutory violations of state and federal franchise laws, including class and mass actions, i.e., representing groups of franchisees against a common franchisor.
- Representing franchisee owners in shareholder and partnership disputes and employment disputes.
We understand that franchisees often do not have the same financial resources as franchisors. We therefore often offer alternative fee structures, betting on ourselves and our clients. These fee structures include customized alternative blended fee arrangements, flat fees, success fees, and other results-driven incentives. Few firms offer alternative fee structures, especially for franchisees. But we believe it is important to align our interest not with billable hours but with results.


ADDITIONAL FRANCHISEE LEGAL SERVICES
In additional to our nationally recognized franchisee dispute resolution practice, we also provide many turn-key solutions for our franchisee clients, for example:
- Represent aspiring or expanding franchisees with due diligence and negotiations, including review and guidance on Franchise Disclosure Documents (FDDs), Franchise Agreements, Personal Guarantees, other governing documents, as well as state registration and franchisor, commercial lease, and supplier negotiations.
- Draft, advise, and negotiate business-related agreements often needed for franchisees, including operating agreements, shareholder agreements, employment agreements, and company policies and procedures.
- Provides day-to-day employment and HR guidance to established franchisees.
We’ve represented franchisees in virtually every industry, including for example restaurant, hotel, home services, fitness, foods, and e-commerce.
FRANCHISE LAWS
Franchisors and franchisors must regularly navigate many types of laws. For example, franchise-specific laws include the Federal Trade Commission’s (FTC) Franchise Rule and state franchise laws. There are also non-franchise-specific laws that impact franchises, such as employment laws, intellectual property laws, restrictive covenant laws, and contract laws.
Franchises are subject to both federal and state law. The FTC sets the basic rules that franchises must follow under the FTC Franchise Rule. While the FTC Franchise Rule sets the floor for legal compliance, states may also impose additional laws. Nearly half of the U.S. States have franchise-specific laws. Franchisors and franchisees must also comply with a myriad of other non-franchise-specific laws.
Franchised businesses usually fall into one of three types of categories:
- Distributorships. This is where a franchisor licenses another person to sell the franchisor’s product exclusively.
- Business format franchises. This is where the franchisee operates a business under the franchisor’s trade name and is generally required to follow the franchisor’s standardized operating procedures.
- Manufacturing franchises. This is where the franchisor provides the franchisee with the ingredients or formula for a particular product that the franchisee will manufacture.
We provide guidance and litigation services for virtually every franchise legal matter.
The Franchise Disclosure Document
The FTC Franchise Rule requires franchisors to provide prospective franchisees with certain legal disclosures. The required disclosures are contained in a document known as a franchise disclosure document (FDD). Unless an exemption applies under the FTC Franchise Rule, the FDD must comply with certain content and timing requirements. While there are no registration or pre-approval requirements under the FTC Rule, certain states do impose such requirements.
Employment Laws
Franchisees are most often also employers. As a result, they must comply with federal and state employment laws. At Cantrell Schuette, our attorneys who handle franchise law are also fluent in employment laws, including advising and litigating on the following employment law issues as part of our employment law practice:
- Wages and overtime rules
- Executive compensation agreements
- Severance agreements
- Discrimination and retaliation laws
- Family Medical Leave Act and other leave laws
- Restrictive covenants, including non-competes, non-solicits, and non-disclosures
Simply put, we have deep experience with virtually every employment law matter imaginable. With respect to employment law, our clients include not only franchisors and franchisees, but also c-suite executives, top sales professionals, and other highly compensated individuals.
Intellectual Property and Restrictive Covenants
The bedrock of any franchise relationship is the agreed use and protection of intellectual property and trade secrets. We are regularly hired to advise, draft, and litigate franchise-related intellectual property, trade secrets, and restrictive covenant disputes. Examples include:
- Registration of trademarks and drafting policies to protect intellectual property.
- Drafting policies to protect trade secrets and advising on best practices.
- Drafting reasonable restrictive covenants.
- Representation in lawsuits and arbitrations involving franchise-related disputes, including but not limited to alleged trademark infringement, breach of contract, and restrictive covenants.
If you are a franchisee or aspiring franchisee, contact us for a no-cost initial consultation at (877) 858-6868 or coordinator@caklegal.com.
Contact Us for Your Franchise Law Needs
Cantrell Schuette are legal specialists in franchise law and represent franchisees and distributors. We’ve dedicated a substantial portion of our practice to protecting the rights of and advocating on behalf of the interests of franchisees and distributors.
If you are a franchisee or aspiring franchisee, or a distributor, and need legal assistance, please contact us at 877-858-6868 or coordinator@caklegal.com.
About
Litigation Practice
- Breach of Contract
- Commissions & Bonuses
- Discrimination, Harassment, & Retaliation
- Employment Counseling & Litigation
- Equal Pay Act
- Executive Compensation
- Family and Medical Leave Act
- Hostile Work Environment
- Non-Competes and Employee Mobility
- Partnership Disputes & Business Divorces
- Disability Discrimination Attorney
- Pregnancy Discrimination
- Race Discrimination
- Securities & FINRA
- Sexual Harassment Attorney
- Sexual Orientation and General Identity Discrimination
- Wage & Hour
- Whistleblower