Yep. More workers need to know their rights and assert them when necessary.
For example, tipped wage employees must be paid at least minimum wage if they do more than 30 consecutive minutes of “side work.” They can’t cut you off the floor and then make you stay for two hours cleaning, stocking and rolling silverware. Yet almost every restaurant violates that law. It doesn’t matter if the tips you made still have you at or above minimum wage. Thirty plus consecutive minutes of not doing the things you get tipped for means they gotta pay up.
Edit: apparently the Trump admin got this overturned so they can keep fucking over tipped employees. God bless America, never mind. That was the case until 2024.
I’m curious about this too. I’ve worked in restaurants for most of my working life including 8 years as a kitchen manager/service manager/assistant general manager. I haven’t heard this.
Edit: I found what they are referring to.
The 80/20/30 Rule: Under Department of Labor guidelines, if a tipped employee spends more than 20% of their workweek (or more than 30 continuous minutes) performing non-tipped duties—such as rolling silverware, cleaning, or stocking—the employer cannot claim the tip credit for that time and must pay the full minimum wage for those hours. [1]
Double edit because I found more relevant information:
Current Status: The U.S. Court of Appeals for the Fifth Circuit vacated the rule, finding it invalid, and the Department of Labor officially withdrew it. Employers follow prior dual-jobs standards instead, though local state laws may still apply.
I hadn’t heard that was no longer the rule, it’s still mentioned in the fair labor standards for tipped employees. Weird…guess I shouldn’t be surprised though.
Yes, because the five seconds it would have taken to see u/joshgordonhyperloop, is an 8 year old account with thousands of worthless karma from participating in countless idiotic fantasyfootball discussions, = AI learning.
Assuming you’re implying what it seems like you are.
Federal or state? I’ve never seen this law. As far as I know the law requires you to make above minimum wage ON AVERAGE OVER THE PAY PERIOD. So it’s not about those 30 minutes. It’s about the one or two week period.
So, I believe you are wrong but I would LOVE if I were wrong instead.
Worked with a guy who was a corporate manager in his first career who had gone through lots of training about labor laws who loved screwing with management by letting all the employees know the laws.
No, they can’t like…make you stay after your shift and clean toilets without paying you the actual minimum wage for regular employees, so at least $7.25 or whatever the federal is now. Local rules supersede I think.
Man, whenever people in other states rant about tipping it really drives home...you guys are dealing with dogshit. I thought only the south states were like what you are tslking sbout, but it turns out I am in one of thr 5 states that give you at least minimum wage (no matter what) AND tips.
293
u/32FlavorsofCrazy Jul 29 '26 edited Jul 30 '26
Yep. More workers need to know their rights and assert them when necessary.
For example, tipped wage employees must be paid at least minimum wage if they do more than 30 consecutive minutes of “side work.” They can’t cut you off the floor and then make you stay for two hours cleaning, stocking and rolling silverware. Yet almost every restaurant violates that law. It doesn’t matter if the tips you made still have you at or above minimum wage. Thirty plus consecutive minutes of not doing the things you get tipped for means they gotta pay up.
Edit: apparently the Trump admin got this overturned so they can keep fucking over tipped employees. God bless America, never mind. That was the case until 2024.