Waitresses, Tips and Minimum Wage

[jsmontel]

My daughter is working as a waitress in Austin, Texas. She is making $2 something per hour plus tips. She is required to do 2 - 3 hours of other work: cleaning 'expo' area where condiments and garnishes are added to orders; rolling flatware into napkins; clearing and cleaning the tables when there aren't enough people to "bus" them; etc. These jobs are normally done by workers who receive minimum wage but no (or minimal) tips.

Can the employer require her to stay after her waitressing shift is over and continue working for < minimum wage? She has also been called in to work, only to be sent home after an hour or two because things slow down. Does a minimum of 4-hours call in pay apply here? Some days she has been called in for the lunch hours, is sent home, then has to work her regular 5p - 10p shift. Would they have to pay her mileage or travel time?

I've been searching for something in the Texas Labor code but what is in Section 62 doesn't say anything except that employees who make tips can be paid less than minimum wage.

 

[racer72]

Can the employer require her to stay after her waitressing shift is over and continue working for < minimum wage?

Depends on how the tips are distributed. Most restaurants collect the tips for certain periods (6, 8, or 12 hours) then divided that amount by the total hours worked by the wait staff. This would included those doing other jobs besides waiting on tables. Then each employee is given their share based on the hours worked for that period. She should ask the person that does payroll how the tips are distributed.

She has also been called in to work, only to be sent home after an hour or two because things slow down. Does a minimum of 4-hours call in pay apply here?

Your state has no minimum hours worked requirements.


Some days she has been called in for the lunch hours, is sent home, then has to work her regular 5p - 10p shift. Would they have to pay her mileage or travel time?

No.

 

[jsmontel]

Thank-you Racer72!

Thank-you very much for answering my questions! I appreciate your prompt response.