The Toothsome Chocolate Emporium and Savory Feast Kitchen in City Walk at Universal Orlando are taking advantage of their servers by making them do an abundance of side work. Examples of side work include opening the restaurant in the morning, silverware rolls, polishing glassware, cleaning and sweeping, changing soda machine syrup, and brewing tea and coffee. FLSA allows employers to pay the cash wage for up to 20% of the time that tipped employees spend in side work. This is when side work (e.g. setting tables) is related to tipped work, (e.g. waiting tables). Regardless, tipped employees are entitled to full minimum wage for the time in excess of 20% of their shift spent in side work and other non-tipped work, like opening and closing duties, as well as side work performed during a shift. At Toothsome, the servers are doing sidework that can add up to 50% of their shift, taking advantage of the free labor, and it needs to be stopped.
