Minimum Wage Worker Demands Former Boss Hands Over Total Paycheck

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ARAB, Ala. (WHNT) - A single mother hired to do one job at a restaurant ends up working in another position. No problem! Many of us often help out our bosses when needed. But, this woman says something is not right with her paycheck. Gabby Vibbert emailed WHNT NEWS 19 about it.

She was hired to wait tables. Somehow, Gabby ended her time at the restaurant working as the cleaning crew. She was paid, but feels she wasn't paid the right way. She thinks her boss paid her at a waitress rate for every position she worked.

It doesn't take much to satisfy Vibbert. She's happy to sit in peace and quiet, watch television and be around her pets. WHNT NEWS 19 visited her a day when the cat wanted her company. Vibbert had one goal when she talked to me.

"Pay my utility bill that is due. Ha ha ha," said Vibbert.

The nervous laugh is a sign of financial struggle. She used to work at the Sicilian Restaurant in Arab.

"Basically waiting tables, serving food, drinks and what you know about customer service when it comes down to it at a restaurant," added Vibbert.

Vibbert also did a week's worth of cleaning and set-up work before the restaurant re-opened after a fire. The restaurant's boss laid off Vibbert after two weeks. She believes there was not enough money to pay all the staff.

"I enjoyed the other ladies I worked with. The customers were great," added Vibbert.

The boss gave Vibbert one week's worth of pay. She accepted the partial paycheck and agreed to return in a few days to pick up the other paycheck. Things went from great to confusing when Vibbert returned.

"I opened the envelope and there was $60 cash in it. I went in and I questioned it. I am like, are you sure this is right," added Vibbert.

Vibbert claims she worked 27 hours doing other stuff before she waited tables.

"They did not give me an exact amount. By federal law, you have to pay at least $7.25 an hour.  That's the minimum," added Vibbert.

The $60 in cash breaks down to the salary of a waitress.

"I went in, said this just isn't acceptable. You owe me $7.25 an hour. That is the federal law that you have to pay me," added Vibbert.

Vibbert told WHNT NEWS 19 her former boss, Chris Drake, took back the money. WHNT NEWS 19 made a call to Drake. He did not deny taking back Vibbert's money. Drake told WHNT NEWS 19 he wanted Vibbert to wait three weeks to get a paycheck. After WHNT NEWS 19's calls, Drake plans to pay Vibbert, but would say how much.

"Whatever money comes to her, she will get it," Drake told WHNT NEWS 19.

Vibbert believes she is owed $196.

WHNT NEWS 19 talked with a technician at the U.S. Wage & Hour Division in Montgomery. The technician told WHNT NEWS 19 Vibbert is correct. Vibbert's former boss must pay her $7.25 an hour because she was not working a job designating her to accept tips.

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