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Waitresses being scheduled to come in just to clean Virginia

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  • Waitresses being scheduled to come in just to clean Virginia

    I have a friend who is being required to go into work(it's a bar/restaurant) on Saturday morning to clean from 8am to 10am. I'm curious if they should be required to at least pay her minimum wage for that work. Normally she makes 2.xx an hour but since she wouldn't be working as a tipped employee that day she might be entitled to more.

  • #2
    Yes and no. I am including a pointer to the federal factsheet on tips. I am going to suggest that the employee needs to read this in it's entirety. I will cite the key passage, but the rules do not make full sense by looking at just one paragraph. Tips are legally determined on the workweek basis. The employee (or employer for that matter) cannot take one specific day and try to apply the rules to just that one day without looking at the rest of the workweek.

    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.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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