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I am a server at a restaurant that is part of a national chain. As expected, we have side work duties and are assigned a certain number of buckets of silverware to roll per shift.

How much of our shift can reasonably be expected to be spent on those duties? Often servers are still there over an hour after their last table has left trying to complete their duties, especially rolling three buckets (162 sets) of silverware. Is this in compliance with the tip credit rules?

Also, when there is not enough silverware cleaned by the dishroom but we need to roll, they will tell servers to go into the dishroom and sort the silverware for the dishroom workers to put through the dish machine. Is it legal for us to be told we have to sort (essentially wash) the silverware when we are being paid $2.63 an hour as servers?

No one will bring these things up to the managers because everyone is afraid of having their hours cut if they make waves.

Thank you.

wages for restaurant work by waiters

My understanding of the law on this issue is that when waiters and waitresses take on a different job, or a dual-role job that combines their responsibilities as a waiter with some other task, such as dishwasher or cashier, they must be paid the prevailing minimum wage in MA when performing that second job.   However,  that rule does not apply when the waiters are performing minor tasks that are considered part of their "customer service" work, such as cleaning up tables or, as in your case, rolling silverware.  I believe employers can ask waiters and waitresses to do as much "service related" work as they wish, as long as for the entire work week the employee earns a total of $8 per hour (or the then current minimum wage) when wages and tips are combined.  Hope that helps. 

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