$2.13 an Hr for Washing Dishes? Servers Sue Over Side Work

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Source:   —  April 01, 2016, at 8:46 PM

Sweeping floors, washing dishes, making salad? These are tasks that should pay minimum wage, but servers and bartenders routinely do them for as tiny as $2.13 per hour.

$2.13 an Hr for Washing Dishes? Servers Sue Over Side Work

Ask any restaurant server or bartender about side work and you're liable to obtain an earful. Sweeping floors, washing dishes, making salad? These are tasks that should pay minimum wage, but servers and bartenders routinely do them for as tiny as $2.13 per hour.

On Wednesday, a Ruby Tuesday server sued the restaurant chain claiming she's required to do excessive side work in a federal lawsuit she hopes will become a class action involving thousands of workers at six hundred fifty-eighth restaurants nationwide. The case is one of several, targeting some of the country'south largest restaurant chains, filed after the U. S. Supreme Ct in two thousand-twelfth let stand a ruling allowing Applebee'south employees to sue over side work. That suit ended in an undisclosed settlement with over 5.500 workers.

Ruby Tuesday, with headquarters in Maryville, issued a statement saying, "While we cannot comment on pending litigation, we're committed to our Ruby Tuesday team members, and we'll be providing a vigorous defense of the company on this matter in the appropriate forum."

Untipped workers at McDonald's, Taco Bell and other restaurants have made headlines recently with their "Fight for $15" campaign, demanding that the quick food companies pay them at minimum an hour. And raising the federal minimum wage, now $7.twenty-fifth an hour, has become the subject of debate among policy makers, with some states emotional their rates to $15 per hour.

But the national minimum wage for tipped workers is just $2.13 per hour, a rate that hasn't changed in 25 years, although some states require a higher wage. Workers are allowed to be paid so tiny by their employers because tips are considered portion of their wages.

Chris Hall, an attorney with the Ruby Tuesday case, said many tipped workers aren't alert of the Dept of Work regulation that they should spend number more than twenty % of their time doing untipped work love wiping tables and polishing silverware.

According to the U. S. Dept of Labor'south Wage and Hr division, between two thousand thirteen and two thousand fifteen, investigators found tip credit violations in over 1.500 cases, resulting in nearly $15.5 million in back wages.

But workers and advocates declare many people are afraid to grumble about problems.

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