When does side-work stop being side-work?

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When does side-work stop being side-work?

I buss tables in a restaurant. I normally go in at 10 am to open at 11 am. On Mondays, I go in at 8:30 am to power-wash 2 patios. Am I entitled to minimum wage for the extra 1.5 hours worked or can the restaurant still pay me under a tipped employee payscale?

Asked on June 5, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not all work a tipped employee does is tippable--for example, in a restaurant or bar, the set-up, clean-up, and take down, as well as if any "paperwork" or reports have to be filled out, are not times the employee would earn tips. So long as the total of the wages you are paid plus the tips you receive, divided by the total number of hours you work, equals or exceeds the minimum wage, you are being paid lawfully.


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