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  1. #11
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    You don't normally bicker when a partial answer is supplemented with correct information, such that a person asking a question is not given the wrong impression about her rights. When somebody want to argue, "No, given my assumptions, my partial answer was good enough", I'm going to respond to that.

    To repeat myself:
    Quote Quoting Mr. Knowitall
    View Post
    There's possible, and then there's what's plausible. There's also a distinction between side work and being regularly assigned to perform maintenance duties. Further, some courts have held that assigning employees to perform cleaning duties for a significant, distinct period of time, either before or after the restaurant is open, that period of time cannot be paid at the tipped wage. Rather than assuming that the OP is a lightning-fast janitor, and risking giving her the wrong answer, we should provide a complete answer.

  2. #12
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    Quote Quoting Mr. Knowitall
    View Post
    You don't normally bicker when a partial answer is supplemented with correct information, such that a person asking a question is not given the wrong impression about her rights. When somebody want to argue, "No, given my assumptions, my partial answer was good enough", I'm going to respond to that.

    To repeat myself:
    I wasn't bickering. I was trying to address your "There's possible, and there's what's plausible" statement...in light of the cite you gave. I did not think that you really knew what generally happens during a restaurant close and the amount of time involved, so I was trying to explain it to you.

    If that appeared as bickering to you, then I apologize for that.

  3. #13
    Join Date
    Dec 2015
    Posts
    10

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    These are not closing chores .. we have a seperate list of those .. these she considers daily shift chores .. wiping chair rails along wall, dusting all the furniture, wiping down chairs and cleaning and polishing the counter stools, cleaning and polishing all the stainless steel surfaces like the cooler doors in the kitchen, cleaning off the shelves, stocking all the paper products, cleaning the glass on windows and cleaning the window sills, wiping down the ceiling fans, etc, anything you can think of to keep the restaurant clean and if we get all of those completed and still have time she will think of things for us to do. and at most there are 3 waitresses on staff at a time and the manager or owner manager and these things are to be done during business hours. I have worked at other restaurants and we were required to do shift chores like you are talking about but this is well beyond that.

  4. #14
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    Quote Quoting jpauley79
    View Post
    These are not closing chores .. we have a seperate list of those .. these she considers daily shift chores .. wiping chair rails along wall, dusting all the furniture, wiping down chairs and cleaning and polishing the counter stools, cleaning and polishing all the stainless steel surfaces like the cooler doors in the kitchen, cleaning off the shelves, stocking all the paper products, cleaning the glass on windows and cleaning the window sills, wiping down the ceiling fans, etc, anything you can think of to keep the restaurant clean and if we get all of those completed and still have time she will think of things for us to do. and at most there are 3 waitresses on staff at a time and the manager or owner manager and these things are to be done during business hours. I have worked at other restaurants and we were required to do shift chores like you are talking about but this is well beyond that.
    Ok, then your boss is clearly in the wrong, and you might want to have a chat with the Department of Labor about this. She is free to have you perform extra work like that, but she needs to pay you at least full minimum wage on the clock for the time spent doing that kind of work. How much time do you estimate that you spend doing that per shift? Please include opening and closing chores in your time estimate.

    I am also guessing that all in all, your tips are lower than they should be because she has more wait staff scheduled than she needs. If you have time to do all of that, you are not handling as many tables as you could. What she really needs is two wait staff and one busser/cleaner, but she is trying to reduce her payroll by scheduling more wait staff than she really needs instead.

  5. #15
    Join Date
    Dec 2015
    Posts
    10

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    not sure exactly, we do it throughout our shift while we are waiting on customers food .. her famous line is "if you have time to lean you have time to clean"

  6. #16
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    Quote Quoting jpauley79
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    not sure exactly, we do it throughout our shift while we are waiting on customers food .. her famous line is "if you have time to lean you have time to clean"
    She is not wrong about that...but she IS wrong about how she pays you.

  7. #17
    Join Date
    Dec 2015
    Posts
    10

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    she actually has a chart hung up on the wall with shifts and days of the week with the chores you are required to finish before the end of your shift and you can't leave until they are done and a separate list of daily opening and closing chores also in chart form by your shift

  8. #18
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Waitress Expected to Do Other Jobs for $3/Hr

    Quote Quoting jpauley79
    View Post
    she actually has a chart hung up on the wall with shifts and days of the week with the chores you are required to finish before the end of your shift and you can't leave until they are done and a separate list of daily opening and closing chores also in chart form by your shift
    Take a picture of that...in fact, take several. Those pictures will be excellent things to provide to the DOL.

    However, I am seriously guessing that she either does not know that what she is doing is wrong, or otherwise somehow thinks that its acceptable. Someone trying to scam the system would be unlikely to put up charts that would flat out prove that they were scamming the system.

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