Tipped workers can’t be paid lower wage if shift consists of more than 20 percent of side work under new regulation


SPRINGFIELD, Mass. (WWLP) – Tipped workers will be seeing the benefits of new regulations from the Department of Labor.

The new regulations actually reinstate the guidance that tipped workers cannot be paid the state’s lower tipped minimum wage if more than 20 percent of their work time is spent doing non-tipped work. The Trump Administration had eliminated this rule, meaning workers could be paid $5.55 an hour for things like cleaning and food prep.

The regulation’s return has been celebrated by Attorney General Maura Healey, calling it an important tool in the fight against wage theft.

“All this rule did was make it more difficult for workers to earn a living wage in the midst of an economic crisis – it was illegal and cruel for so many struggling to get by during the pandemic,” said AG Healey. “We welcome the Department of Labor’s new workplace protections and will continue to advocate for the fair treatment and protection of tipped employees.”

Under the new rule, tipped workers can only work for a limit of 30 consecutive minutes of non-tipped work.

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