What if my employer requires me to show up early before my shift, stay after my shift and/or requires me to attend mandatory meetings?

Time Doing Side Work and Attending Meetings

Your employer is required to pay you for all hours worked.  This includes:

- time spent before your shift to set up the restaurant/bar
- time spent after your shift ends to perform your closing duties
- time spent in mandatory meetings
- time spent running errands (i.e. picking up supplies, going to the bank, etc.) for your employer
- time spent doing 'side work' (re-setting tables, re-stocking condiments, etc.)
- time spent catering events

Your employer can not take a "tip credit" for the time you spend doing things that are not "tip producing" (i.e. attending meetings, running errands, time spent training if you don't get to keep your tips, etc.).

Rather, your employer can claim a tip credit only when you perform one of two types of duties:

- all "tip producing" duties (i.e. waiting tables, serving drinks, etc.)
- all duties that are "incidental to one of the employee's tip producing duties (i.e. side work, closing duties, etc.)

As you might expect, most disagreements relate to the 2nd category of work.  If the duty falls within this category, the employer may take a tip credit for the time the employee spends on incidental duties so long as the incidental duties do not exceed 20% of the employee's overall duties.  

Feel free to call me at 877.TIP.POOL (877.847.7665) for a free/confidential consult or submit your confidential claim form here.

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