Career Questions and Answers
Is it legal for a employer to make a server perform manual labor other than normal duties?
Asked by Stephanie H
I'm a server...can my employer make me scrub the bottoms and foot areas of the tables and chairs and booths in my section. Don't you have to draw the line somewhere for manual labor. I only make 2.13 + tips.
Asked by Stephanie H
I'm a server...can my employer make me scrub the bottoms and foot areas of the tables and chairs and booths in my section. Don't you have to draw the line somewhere for manual labor. I only make 2.13 + tips.
A:
Best Answer:
Yes, he can. BUT, if that duty takes up a high percentage of your time, he has to pay you differently. In other words, while you are serving you are getting 2.13 per hour. If the other duties you perform take a significant part of your time at work, then you must be paid at the legal miminum wage for your state for that time. Check with your state's department of labor website for more information. Verify what percentage of time you must be serving to have all your time paid under that wage.
10 years in HR
Answered by leysarob
Yes, he can. BUT, if that duty takes up a high percentage of your time, he has to pay you differently. In other words, while you are serving you are getting 2.13 per hour. If the other duties you perform take a significant part of your time at work, then you must be paid at the legal miminum wage for your state for that time. Check with your state's department of labor website for more information. Verify what percentage of time you must be serving to have all your time paid under that wage.
10 years in HR
Answered by leysarob
A:
Yes he can. When you cry about it like this, you make the job harder on your fellow employees, so shut up and get to work.
Answered by James
Answered by James
A:
You have to check the laws in your state. Some states may demand that you get paid minimum wage for times when you are not actually serving. For example end of night clean up. Most likely if this is an issue and you raise it you could get "run out". if you document the issue and you state infact has laws to support the claim and you document (record covertly - possibly not legal in your state) and document negative followup. You would be ina good position to take actions. As in press civil charges. Then sue 'em.
Answered by Khan
Answered by Khan
A:
yes it is legal, there is no provision for what you do when not serving, minimum wage is all you get
Answered by rwa000
Answered by rwa000
A:
Yes it's legal for an employer to ask you to do these types of tasks in addition to your serving duties. There is nothing illegal in doing this as this is not something that could hurt you or is against the law.
Answered by hr4me
Answered by hr4me
A:
Actually, I've been a waitress before, and anything in your section is your responsibility. This includes cleanliness.
Now if you see them telling only you that you have to do it, you'd better be talking to a boss.
Answered by wizzards_23
Answered by wizzards_23
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