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min. wage discrepancy for food service workers? Ohio

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  • min. wage discrepancy for food service workers? Ohio

    Hi, there --

    I bartend and waitress at an independently owned pub in Ohio. In an effort to cut costs, our cleaning person was recently laid off and we are now closed for lunch. To compensate for the loss of the cleaning person, the opening bartender and server must now come in an extra hour before opening to clean up (vacuum, etc) what's left of the mess from the night before (bartenders already stay an average of one to two hours after close -- which is 2 am -- to tidy up).

    My question is this: Is it legal for our employer to pay us the minimum wage for bartenders ($3.50/hr) and servers ($2.13/hr) for that extra hour when we come in to perform the former cleaning person's duties, if we are not yet open for business? Or should we be paid a cleaning person's minimum wage ($5.15/hr) for that time, and those duties?

    Money-wise, it's certainly a good deal for our employer to only pay us $2.13 to clean, but it stinks for the workers, who rely heavily on tips -- plus, it makes our shifts seem a lot longer when we come in at 3PM but don't get busy until at least 6PM, and often stay past midnight...

    Any information about the legal side of the wages issue would be greatly appreciated!

    Thank you.

  • armcgee1228
    replied
    thank you

    Beautiful. Thank you so much for that link, PattyMD! I will be sure to discuss the matter with my coworkers and manager.

    Thank you!

    Leave a comment:


  • Pattymd
    replied
    No, it isn't. Side work is one thing. Cleaning the bathrooms is something else; that doesn't support your regular work. See here under the paragraph titled "Dual Jobs"; this exact situation is discussed.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm

    Leave a comment:

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