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Waitress Bussing Tables

Discuss Labor Laws

Waitress Bussing Tables

Postby Kerrick » Sun Nov 27, 2016 6:31 pm

I wish you would revisit your answer to the person who asked if a waitress should have to bus her tables.  I vaguely recall something about only doing 20% of things relevant to your job on a shift(not actually waiting tables) if your employer is claiming tip credit.  As I am now working as a waitress in Texas, and I am staying 2 hours later then my 4-hour shift to do scut work(roll silverware, scrub walls, clean out coffee pots, etc.) I would like to know how my employer gets by asking me to work 33% of my hours doing things other than waitressing.

ANSWER: Kathleen:

Are you sure that was me?  I don't recall answering a question about whether a waitress can be required to bus tables.  Of course, I do a lot of these and I might have forgotten some of them, so if you could give me the date when it was answered I'll be happy to look it up and see if I might have said something wrong or that needs clarification.

In any event, the only "20% rule" I am familiar with relates to whether a job is exempt or non-exempt from the overtime and minimum wage rules of the Fair Labor Standards Act.  Generally speaking(because there can be exceptions in certain circumstances), an exempt employee should not spend more than about 20% of his or her time doing non-exempt work, or else the exemption could be found invalid.  In that context, for example, a manager who is FLSA-exempt could end up being deemed non-exempt if s/he were to spend more than 20% of his or her work time bussing tables or doing other non-exempt work.

As far as assigning different kinds of work to employees is concerned, unless there is a written or oral contract of employment or a union-company collective bargaining contract which provides otherwise,(and subject to the 20% rule for exempt employees), an employer has the right to assign whatever tasks it pleases to any employee.  

I hope you find this helpful.

---------- FOLLOW-UP ----------

http://en.allexperts.com/q/Employment-Law-924/2012/1/tx-waitress.htm

(the original question link)

I still think your answer is incorrect.  Though Texas law does not specifically address this issue, thus federal law regarding tip credit would be in effect, especially wage and hour when a tip credit is in effect, in other words, if the restaurant is claiming that is only has to pay 2.15 per hour because the waitress is eligible for tips.  I am pretty sure, but not positive(thus the question) that under federal law a restaurant can only require a waitress to do "side work" for 20% of her time served.  In other words, if she works 8 hours(640 minutes) on the floor, eligible for tips, they can only require her to 128 MORE minutes washing dishes, rolling silverware, etc.   

You may be correct, but because the waitress is only making 2.15 an hour I dont believe her employer "can assign whatever tasks it pleases".  What if the employer decided she should come in for an 8 to 2 shift and scrub floors for 5 hours and wait tables for 1?  Do you see my point?

Thanks -- and maybe with a little research we can both learn something and thus educate the entire restaurant industry which is currently ignoring these laws(if indeed there are any laws)
Kerrick
 
Posts: 37
Joined: Wed Feb 05, 2014 8:14 pm

Waitress Bussing Tables

Postby Shoda » Mon Nov 28, 2016 9:14 pm

Kathleen:

Thanks for following up on this and making me review it.   I am going to revise my earlier answer; you should be receiving it soon.  I also have revised the answer I gave to Amber back in January.

If you work in the Dallas area, send me a private question letting me know that, and I'll try to visit your restaurant and give you a really big tip.  :-)  
Shoda
 
Posts: 40
Joined: Wed Feb 12, 2014 9:46 am

Waitress Bussing Tables

Postby Aland » Sun Dec 11, 2016 10:02 am

I wish you would revisit your answer to the person who asked if a waitress should have to bus her tables.  I vaguely recall something about only doing 20% of things relevant to your job on a shift(not actually waiting tables) if your employer is claiming tip credit.  As I am now working as a waitress in Texas, and I am staying 2 hours later then my 4-hour shift to do scut work(roll silverware, scrub walls, clean out coffee pots, etc.) I would like to know how my employer gets by asking me to work 33% of my hours doing things other than waitressing.

ANSWER: Kathleen:

Are you sure that was me?  I don't recall answering a question about whether a waitress can be required to bus tables.  Of course, I do a lot of these and I might have forgotten some of them, so if you could give me the date when it was answered I'll be happy to look it up and see if I might have said something wrong or that needs clarification.

In any event, the only "20% rule" I am familiar with relates to whether a job is exempt or non-exempt from the overtime and minimum wage rules of the Fair Labor Standards Act.  Generally speaking(because there can be exceptions in certain circumstances), an exempt employee should not spend more than about 20% of his or her time doing non-exempt work, or else the exemption could be found invalid.  In that context, for example, a manager who is FLSA-exempt could end up being deemed non-exempt if s/he were to spend more than 20% of his or her work time bussing tables or doing other non-exempt work.

As far as assigning different kinds of work to employees is concerned, unless there is a written or oral contract of employment or a union-company collective bargaining contract which provides otherwise,(and subject to the 20% rule for exempt employees), an employer has the right to assign whatever tasks it pleases to any employee.  

I hope you find this helpful.

---------- FOLLOW-UP ----------

http://en.allexperts.com/q/Employment-Law-924/2012/1/tx-waitress.htm

(the original question link)

I still think your answer is incorrect.  Though Texas law does not specifically address this issue, thus federal law regarding tip credit would be in effect, especially wage and hour when a tip credit is in effect, in other words, if the restaurant is claiming that is only has to pay 2.15 per hour because the waitress is eligible for tips.  I am pretty sure, but not positive(thus the question) that under federal law a restaurant can only require a waitress to do "side work" for 20% of her time served.  In other words, if she works 8 hours(640 minutes) on the floor, eligible for tips, they can only require her to 128 MORE minutes washing dishes, rolling silverware, etc.   

You may be correct, but because the waitress is only making 2.15 an hour I dont believe her employer "can assign whatever tasks it pleases".  What if the employer decided she should come in for an 8 to 2 shift and scrub floors for 5 hours and wait tables for 1?  Do you see my point?

Thanks -- and maybe with a little research we can both learn something and thus educate the entire restaurant industry which is currently ignoring these laws(if indeed there are any laws)
Aland
 
Posts: 59
Joined: Thu Jan 02, 2014 6:45 pm


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