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Server pay for restaraunt "set up" in Kentucky

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  • Server pay for restaraunt "set up" in Kentucky

    Does an employer have to pay you min wage if you are pulled off the floor and required to "set up" for the next day? I can't find any info at the state labor board website. It seems like if there is no ability to earn tips then you should be paid 7.25/hr even if you have averaged 7.25 or more per hour with claimed tips on previously worked shifts that week. On average I spend 10 or more hours a week doing set up and cleaning.....

  • #2
    At the end of the pay period, your wages plus your tips have to average no less than minimum wage times hours worked (and overtime if more than 40 hours in a week). If it does not, the employer has to make up the difference.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      My daughter was in a similar situation. Her solution was to take any chance to roll the silverware, and police the prep area. At the end of day, she was one that was not required to go off the floor to fill her set up duties, as the management had seen her keeping up in the spare minutes.

      I know the waitress wage sucks, but by hustling you can make full use of your time.

      Sorry if that is not what you wanted to hear.


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