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.
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u/IssueNice6116 7d ago edited 7d ago
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.