NON-TIPPED "DUAL JOBS" WORK
Labor unrelated to Bartending or Serving Tables
You had to clean the bathrooms?
Scrub floors and walls?
Clean the parking lots?
Clean the toilets?
Many customers are fortunate enough not to know that, at some restaurants, the person serving their food is the same person cleaning and restocking the bathrooms, cleaning and scrubbing the floors and walls, and scraping gum and cigarette butts off the patio floors.
It doesn't happen everywhere, but it happens more than it should. Many employers exploit the tip credit so they can pay their servers and bartenders half the wage they'd have to pay janitors to do the same kinds of work. It' s monumentally unfair, but restaurant employers do it all the time.
Don't let your employer fool you. They can't do to you that without paying you properly.
Under the FLSA, you are entitled to be paid the full minimum wage (rather than the low server rate) for ALL time spent performing non-tipped work that is unrelated to serving tables.
My employer required me to do work unrelated to serving & bartending.
What can I do?
The FLSA's remedies provisions contain strict prohibitions to discourage employers from directing employees to perform improper and excessive non-tipped labor. An employer found to have required such improper or excessive non-tipped labor owes you back pay for the full minimum wage (rather than the lower, tip-credit, server rate) for all time you spent working performing such work.
If you prevail on your claim, you will be entitled to recover:
Back Pay (the unpaid wages owed to you);
An Additional Equal Amount of Back Pay (thus, totaling TWICE the amount of unpaid wages owed to you);
Attorney Fees & Costs incurred in pursuing your unpaid wages.
If you believe you have a claim, speak with an attorney immediately regarding your rights and options.
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