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What can they make you do at server wage? Wisconsin

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  • What can they make you do at server wage? Wisconsin

    I have a bad feeling that I am not going to like the answer to this, but I need to know either way:

    In WI, how early/late can you keep a server on cleaning and etc for $2 odd/hour? I suppose it's one of those weekly average things? If so, are employers required to keep track, or should I be?

    Thanks for any advice.

  • #2
    You may want to read this: http://www.dol.gov/whd/regs/compliance/whdfs15.pdf

    Is the amount of time you spend cleaning substantial? i.e, more than 20%?
    "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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    • #3
      I guess I'll have to keep track. We are recently under new ownership, and the first thing they did was fire the cleaning lady and give us all the cleaning duties. (Incidentally, the second thing they did was take away our employee food and drink privileges, and keep telling us that those two cuts saved them $42,000/year )

      I've never minded finding things to clean during my shift, or my opening or closing duties, but sweeping and mopping the entire (warehouse-sized) restaurant and cleaning bathrooms at $3.50/hr is insulting.

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      • #4
        Okay, after reading you link, the phrase about "when a tipped employee is regularly assigned maintenance" sounds awfully vague, what makes it regular, is that the 20% of total time? Or that the maintenance is an assigned part of the job?

        I should be so worried about it, I'm like a month from graduation and then, hopefully, out of there. I just hate to see anybody taken advantage of.

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        • #5
          It would be 20% of your total work hours on a workweek basis. If it is more than that, all hours worked in non-tipped duties must be paid at the full minimum wage. If it is less than 20% of your total hours in a workweek, you can be paid the sub-minimum wage for those hours, but your tips still must cover the shortfall and, if they don't, the employer has to make up the difference.
          Last edited by Pattymd; 12-04-2009, 04:02 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by WIwaitress View Post
            ...and the first thing they did was fire the cleaning lady and give us all the cleaning duties.

            ... but sweeping and mopping the entire (warehouse-sized) restaurant and cleaning bathrooms at $3.50/hr is insulting.

            Incidental sweeping may be part of a server's duties. However, the actual claening of the whole restaurant & bathrooms, can not be included in the 20% that is allowed. Thoses duties are non-server related, thus must be paid at the applicable minimum wage...
            ========================================

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            • #7
              Originally posted by ArmyRetCW3 View Post
              Incidental sweeping may be part of a server's duties. However, the actual claening of the whole restaurant & bathrooms, can not be included in the 20% that is allowed. Thoses duties are non-server related, thus must be paid at the applicable minimum wage...
              After re-reading that, I agree.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Thank you for the responses! I'm glad to hear this, as it was really galling me to spend the time and sweat! My next question is two parts: Is there an actual statute I can reference, and/or, what can I do to put an end to the cleaning duty? These new owners are nickel and diming us right into the poor house, then telling us how many tens of thousands of dollars they are saving by doing it.

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                • #9
                  An end to the cleaning duty? No. You could, however, file a wage claim. Have you been keeping track of how many hours you are putting in for regular cleaning (not the "incidential" cleaning to which ArmyRetCW3 referred)?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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