If an employee spends more than 20% of his or her time conducting untipped work, but is only being paid a tipped wage, then he or she should be paid the full federal minimum wage rate for that untipped work.
Our Brownstown unpaid wages and overtime attorneys will help you determine if your rights have been violated and what back wages and money damages you are due. Located in the Downriver area, we fight for employees and workers all over Michigan. We welcome you to contact us online, by email or by phone. Our phones are staffed 24 hours a day for your convenience, and we offer flexible scheduling to meet your needs.
The tipped wage customarily earned by waitstaff is incredibly low. However, it is legal for tipped employees to receive such a low rate because they are also earning tips. But what happens when you are spending a substantial portion of your time performing work that you are not getting tipped for? Employees in these situations fall into the category of “dual jobs.”
If you are being paid only at the tipped minimum wage but spend more than 20% (or 1/5) of your time doing untipped work — you should be paid the full federal minimum wage rate for that untipped work.
Typical examples of untipped work that servers are often required to do are:
If you believe your minimum wage rights have been violated, please contact our team of wage and hour lawyers at the Law Offices of Bryan Yaldou today. There is no obligation in setting up an initial consultation and they are always free.