Many waiters and waitresses are forced to perform work while being paid below the federal minimum wage. If you are required to spend a significant amount of time performing side work while being paid below the minimum wage or are required to report to work before the restaurant opens to perform side work while being paid below the minimum wage, you could be entitled to unpaid wages. The Fair Labor Standards Act requires workers to be paid at least $7.25 per hour for all hours worked. While some employers are allowed to claim a tip credit when waiters and waitresses receive tips, they cannot force waiters and waitresses to perform significant work without the opportunity to earn tips.