Wrapping silverware and refilling napkin dispensers is hardly out of bounds
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Legally, it may make a big difference, if there are segregated job descriptions for employees who do these different tasks.
I never worked in a restaurant. But have had enough other jobs in which I was expected to do things which weren’t exactly part of the official job description. And that could be the case here.
Then again, since tippable workers have a lower minimum wage due to the expectation of getting tips, it seems like they should have to document their time doing the differing tasks at work.
Legally, the lawyers will spend a lot of time and have many billable hours from this case.
If 20% of their income is not from tips, then they can spend 20% of their time doing other things.
Or we can stop bringing napkins and forks to customers and see what happens to their tips.