Need awnser! 1/4 my time doing actual delvieries

Tip Credit is a federal law that allows employers to take a 'credit' against the minimum wage, and pay lower wages to employees who earn tips.

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PostPosted: Tue Aug 26, 2014 1:52 am
Ok so i just started my job, the first 2 days i was 5 hours 4-9 pm.

Now boss is putting me at 10:30 am to 7 . I worked 1 sunday with that sceudule and got 1 delivery in 4 hours .. so im getting paid 5.50 to be in the store. on top of that while i was in that store i had to cut and stock veggies, sweep store, learn to awsner phones, fold boxes cut pizzas make pizza (NO DOUGH WORK THO) put deliveries out . Prob got about 5 more deliveries around 5-7.


I feel cheated kinda being paid 5.50 to be there with that kind of shift when i was part time. No one else is sceduled for those hours, just me and the manager are there till 4.

I feel like i should be getting paid 7.75 (What the pizza makers make which i basically do) while im at least sitting in the store.

Whats the best way to approach this? Otherwise i will tell him to cut my hours to 4-9 every night instead of day time hours. I like the job to , but its not worth 5.50 when i can be making 9$ somehwere else

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PostPosted: Tue Aug 26, 2014 8:50 pm
Hello! As for your question, as I understand it (gregster and elric would prolly know off the top of their head) you should be paid minimum wage IF your job inside, doing non tipped work, equals out to more than 20% of the work you do, which it sounds like you are possibly doing. I would read

"Split Pay" The 20% Rule For Tipped Employees

and

Tip Credit: Are Your Tipped Employees Performing Dual Jobs?

just to be sure.

EDIT: added links and cleaned up spelling/grammar
Last edited by gregster on Wed Aug 27, 2014 3:49 pm, edited 1 time in total.
Reason: Edited to add Topic Titles to URL links

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PostPosted: Wed Aug 27, 2014 3:25 am
I do not work in a State that allows tip credit, so I'm feeling the desire to stay out of this topic. Not that I don't know the law, just want to stick to what I know best at this time.
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PostPosted: Wed Aug 27, 2014 4:37 pm
Great advice and links tompace!

Also see this:

Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA)

excerpt:

Dual Jobs: When an employee is employed by one employer in both a tipped and a non-tipped occupation, such as an employee employed both as a maintenance person and a waitperson, the tip credit is available only for the hours spent by the employee in the tipped occupation. The FLSA permits an employer to take the tip credit for some time that the tipped employee spends in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips. For example, a waitperson who spends some time cleaning and setting tables, making coffee, and occasionally washing dishes or glasses is considered to be engaged in a tipped occupation even though these duties are not tip producing. However, where a tipped employee spends a substantial amount of time (in excess of 20 percent in the workweek) performing related duties, no tip credit may be taken for the time spent in such duties.


I suggest that you print out this Fact Sheet and discuss the issue withe your employer. If they refuse to follow the 20% rule (Dual jobs), then I suggest that you call the nearest DOL office and ask them to file a complaint.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Thu Aug 28, 2014 12:32 am
Thanks for your input guys.

I am currently reading as much as i can.

I am going to work tomorrow and the weekend.

My hours are 8 hours a day for the next 4 days. Im going to record the actual time spent in store sitting around and doing other work besides"Driving and delivering"i will post up stats once the week is over and get opinions.

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PostPosted: Thu Aug 28, 2014 12:49 am
rambo wrote:Thanks for your input guys.

I am currently reading as much as i can.

I am going to work tomorrow and the weekend.

My hours are 8 hours a day for the next 4 days. Im going to record the actual time spent in store sitting around and doing other work besides"Driving and delivering"i will post up stats once the week is over and get opinions.

When you log out at the end of your shift.. ask if you can get your "Team Member Checkout Report", there is an option to print it when you are checking out... Look at this photo.. you Tab to and F2 and arrow down to 'Print'

DSC00038 - Checkout Report - Forum quality.jpg


This report will help in you being able to prove whether or not you are working more than 20% of the time in non tip related duties.

Edit: If asked why you want this, state it is for tax reporting purposes, and nothing more. If they refuse, you may be able to get the print out from another manager/shift lead. I print mine out every shift and have never had any problems with printing them out; your luck might differ though.
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PostPosted: Thu Aug 28, 2014 1:27 pm
I get mine printed out each night too. I use them to claim my mileage on my taxes.

The report that prints will actually show your 'total', 'in store' and 'on the road' hours. No need to write it down. 8-)
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Thu Aug 28, 2014 4:04 pm
gregster wrote:I get mine printed out each night too. I use them to claim my mileage on my taxes.

The report that prints will actually show your 'total', 'in store' and 'on the road' hours. No need to write it down. 8-)

Mine only shows Total hours, care to trade forms so I can see what you are referencing?
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PostPosted: Thu Aug 28, 2014 11:47 pm
elric92 wrote:
gregster wrote:I get mine printed out each night too. I use them to claim my mileage on my taxes.

The report that prints will actually show your 'total', 'in store' and 'on the road' hours. No need to write it down. 8-)

Mine only shows Total hours, care to trade forms so I can see what you are referencing?


Maybe mine only shows those because we are on split pay and you are not. All of your hours are paid at the same rate. Before we went to split pay, those figures were not on the printout.

Which makes me think that my advice will not help rambo out, since he is not on split pay either and may have to actually manually record his in store/on the road times after all.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Fri Aug 29, 2014 12:14 am
gregster wrote:
elric92 wrote:
gregster wrote:I get mine printed out each night too. I use them to claim my mileage on my taxes.

The report that prints will actually show your 'total', 'in store' and 'on the road' hours. No need to write it down. 8-)

Mine only shows Total hours, care to trade forms so I can see what you are referencing?


Maybe mine only shows those because we are on split pay and you are not. All of your hours are paid at the same rate. Before we went to split pay, those figures were not on the printout.

Which makes me think that my advice will not help rambo out, since he is not on split pay either and may have to actually manually record his in store/on the road times after all.

Ya, I am pretty sure he'll have to do some manual calculations, but having the Checkout report will definitely help. Hopefully he/she knows how to use a spreadsheet.
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