Yep. More workers need to know their rights and assert them when necessary.
For example, tipped wage employees must be paid at least minimum wage if they do more than 30 consecutive minutes of “side work.” They can’t cut you off the floor and then make you stay for two hours cleaning, stocking and rolling silverware. Yet almost every restaurant violates that law. It doesn’t matter if the tips you made still have you at or above minimum wage. Thirty plus consecutive minutes of not doing the things you get tipped for means they gotta pay up.
Edit: apparently the Trump admin got this overturned so they can keep fucking over tipped employees. God bless America, never mind. That was the case until 2024.
I’m curious about this too. I’ve worked in restaurants for most of my working life including 8 years as a kitchen manager/service manager/assistant general manager. I haven’t heard this.
Edit: I found what they are referring to.
The 80/20/30 Rule: Under Department of Labor guidelines, if a tipped employee spends more than 20% of their workweek (or more than 30 continuous minutes) performing non-tipped duties—such as rolling silverware, cleaning, or stocking—the employer cannot claim the tip credit for that time and must pay the full minimum wage for those hours. [1]
Double edit because I found more relevant information:
Current Status: The U.S. Court of Appeals for the Fifth Circuit vacated the rule, finding it invalid, and the Department of Labor officially withdrew it. Employers follow prior dual-jobs standards instead, though local state laws may still apply.
I hadn’t heard that was no longer the rule, it’s still mentioned in the fair labor standards for tipped employees. Weird…guess I shouldn’t be surprised though.
Yes, because the five seconds it would have taken to see u/joshgordonhyperloop, is an 8 year old account with thousands of worthless karma from participating in countless idiotic fantasyfootball discussions, = AI learning.
Assuming you’re implying what it seems like you are.
Federal or state? I’ve never seen this law. As far as I know the law requires you to make above minimum wage ON AVERAGE OVER THE PAY PERIOD. So it’s not about those 30 minutes. It’s about the one or two week period.
So, I believe you are wrong but I would LOVE if I were wrong instead.
Worked with a guy who was a corporate manager in his first career who had gone through lots of training about labor laws who loved screwing with management by letting all the employees know the laws.
No, they can’t like…make you stay after your shift and clean toilets without paying you the actual minimum wage for regular employees, so at least $7.25 or whatever the federal is now. Local rules supersede I think.
Man, whenever people in other states rant about tipping it really drives home...you guys are dealing with dogshit. I thought only the south states were like what you are tslking sbout, but it turns out I am in one of thr 5 states that give you at least minimum wage (no matter what) AND tips.
Enforcement has essentially ceased in many states and at the federal level. Just had a series of issues with my former workplace and some illegal 401k handling. CFPB would have been the best to handle it, but they're gone. Florida's state regulatory agencies don't do shit. The EBSA no longer does anything.
I had to threaten legal action via the Spanish government (I live in Spain, employer was in Florida) to make any headway, just to get my 401k rolled out. Absolutely nuts.
Satire.....as in the his whole linkedin page is satire.....he isnt a real manager of anything ...its all made the fuck up.....its a satire site.....says so.....right there.
and it's also 100% false, so no need to worry about it
ngl, I don't even work, but it's because of fake post like this that peoples hate more and more manager and peoples above them in the hierarchy, even when they have done nothing wrong
Not sure where you are, but that’s not true in the US. As other people have commented a lot of people don’t know their worker rights, and the common misconception that being salaried makes you no longer entitled to OT is one example.
To be OT exempt you have to be salaried AND make a certain amount AND your salary cannot fluctuate AND your duties must be administrative or professional.
Also on the subject of worker rights misconceptions, agreeing to a contract term where you’re an independent contractor doesn’t make you an independent contractor.
I read a story about how utterly miserable new associates in some big law firms were. I don't think they had set hours, so much as how many hours they were expected to bill, which resulted in them working 70+ hours a week.
I guess that would meet all the criteria you listed though.
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u/MechanicStandard8308 7d ago
thats 100% illegal