Do restaurant servers have the responsibility to do dishes as part of their "sidework" at $2.65 per hour? Or are they suppose to be paid more?
Also, how much time after a server is done "taking tables" (no more tips) can the employer require, for the server to do his/her sidework? Thank You! :D

http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf

Dual Jobs: When an employee is employed concurrently in both a tipped and a non-tipped occupation, the tip credit is available only for the hours spent in the tipped occupation. The Act permits an employer to take the tip credit for time spent in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips, provided such duties are incidental to the regular duties and are generally assigned to such occupations. Where tipped employees are routinely assigned to maintenance, or where tipped employees spend a substantial amount of time (in excess of 20 percent) performing general preparation work or maintenance, no tip credit may be taken for the time spent in such duties.

Thank you DAW, but I'm still a little confused. Does that mean the server is expected to do some dishes at $2.65 per hour? :confused:

You need to be receiving at least minimum wage for the hours you work - if you work over 40 hrs. a week, then overtime pay comes into play. (The state min. wage since it is higher than federal.)

Thank you Betty3. :)
Let me see if I understand better now.
A waitress may be expected do dishes (or other "sidework") up to, but no more than 20% of her shift time? That is, as long as she is still making minimum wage overall?

You see, a co-worker of mine seems to think that waitresses should not have to do any dishes. And if they do, they should be paid dishwasher wages, not waitress wage.

Personally, I think its only reasonable for a waitress to do some dishes and maybe have to stay 1/2 hour after she stops taking tables, without expecting a different pay.

The question is not whether someone can be made to wash dishes. Any employer can make any employee wash dishes. The issue is that under federal law employees generally must be paid at least minimum wage. There is a conditional exception called a tip credit. This allows the employer to pay certain employees a sub-minimum wage but only if a number of conditions are complied with. One of the conditions is that all non-tipped work combined not exceed 20% of total hours for the workweek. Any one who does tip work needs to read the entire federal DOL factsheet. This is an important rule, but just one of several rules that need to be followed.

DAW - I thought they always had to receive at least regular min. wage for all hrs. worked - $7.40/hr Michigan. (even if there is a tip credit or no tip credit) Doesn't the tips & cash wages or all cash wages have to equal at least regular min. wage? It sounds like you're saying they can receive a sub min. wage only per hr. ($2.65 for example) - I know they can pay a cash wage of that amt. if combined w/tips equals regular min. wage received. If non-tip work is 20% or less, they still have to end up *receiving* at least regular min. wage with their tips - not sub-min. wage is my understanding. They can pay a sub min. wage but with tips, it has to equal regular min. wage.
I don't want the OP to think they can end up with only $2.65 total per hr.
(or maybe what I'm saying is what you were trying to say?)

I think you are saying the same thing Betty. And I think I've got it now.. finally lol :rolleyes:
Thank you both so much :)

Betty - we are both saying more or less the same thing. I was saying that the tip credit was conditional on all rules being followed, and that the OP really needed to read the federal Tip factsheet in it's entirity. Your were correctly citing one of the related rules. My concern is all rules need to be followed, not just the big ones. And that anyone working for tips really needs to know all of the rules, not just the big ones.

If your not sure if the employer is in compliance contact an attorney to clarify. Michigan imposes steep penalties for non-compliance.

M.C.L 408.393 Violation of act by employer; civil action; fine.

Sec. 13.

(1) If any employer violates this act, the employee affected by the violation, at any time within 3 years, may:

(a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages together with costs and such reasonable attorney's fees as may be allowed by the court.
JoeC

Thanks, DAW. I know you know the rules since you work with payroll. I just wanted to be sure I had them right in my mind. (My mind is getting old :) )

Actually Patty knows more about tips then I do. I just keep all of the useful tip rules bookmarked because I know this is not one of my strong areas. The key I always remember is that the tip credit (sub-minimum wage) is conditional, something that many employers seems to ignore. If all rules are not followed, the "conditions" fail, and part or all of the tip credit fails. So anyone who works with tips either as an employer or an employee really needs to have that entire tip fact sheet at their finger tips.

The other key point is that many states do not follow the federal rules on tips. Worse, the states that do not follow the federal rules have different ways of not following the rules. That makes tips potentially very state specific. If one hunts around the federal DOL website, one will find a very nice state specific tip chart, very worth book marking. The employee can never be treated worse then federal law dictates, but tips is one of those areas where many states dictate better then federal treatment.