Being a waitress when I get ‘cut’ from serving to do my cut work shouldn’t I be paid full min wage?
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Being a waitress when I get ‘cut’ from serving to do my cut work shouldn’t I be paid full min wage?
When my employer cuts me from my shift I
then have cut work to roll silverware
and various other jobs which can take up
to two hours and I’m still on the clock
for 2.13 a hour…. since I’m not
waiting tables during cut work shouldnt
I be getting paid minimum wage?
Asked on March 29, 2018 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It's a grey area. Tipped employees can and do perform non-tippable functions (like rolling silverware or cleaning tables). That does not require them to be paid as non-tipped staff. If you are on a waitressing shift but spending time doing non-tipped work, that is ok (but with tips, must still make enough to you earned at least the equivalent of minimum wage for that length shift). If you are specifically taken off waitressing and assigned to a non-tipped job, then you need to be paid at least minimum. The issue is, when you are working, is there the possibility of getting tips during that shift (not necessarily during every part of it; just during the shift as a whole). If so, they can pay you as a waitress; if not, they have to pay you at least minimum. Sometimes it's not clear if you are being a waitress doing non-tipped work or if you were taken off a tippable shift or job: that's why we say it's a grey area If you feel that that you are being taken entirely off earning tips, you could contact the labor department to file a complaint, but bear in mind that doing so is a drastic step.
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