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I’m making 2.15 an hour waitressing. The owner and manager have been making my co-workers and I do things that have nothing to do with our job or side work. As in cleaning out storage rooms with tables, chairs and arcade games heavier than us, remodeling a bar that we have never once touched or been in, giving us the responsibility to rid of junk and on top of all of that, we are told if none of this is done, we cannot go home, all of this on top of the side work we already have that is pertinent to our job and taking tables. There has got to be some labor laws they are breaking, right?
Asked on January 24, 2017 under Employment Labor Law, Utah
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your job is whatever your employer says it is, unless you have a written contract defining your job (if you do, you can enforce its terms in court if necessary). Your employer can make you do things unrelated to waitressing, so long as the total wages plus tips you earn for the week, divided by the total number of hours worked, is at least equal to minmum wage. If you are earning less than minimum between wages and tips (such as due to the amount of time spent not waitressing), contact the state department of labor to file a wage and hour complaint.
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