Can a salary manager wait tables while managing?? Like on a regular basis??

UPDATED: Sep 30, 2022

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Can a salary manager wait tables while managing?? Like on a regular basis??

My manager at my last restaurant would take
tables every shift whether it was busy or not
He was never scheduled as a server/bartender
and there would be servers/bartenders able
and not to busy to take the tables. He kept all
the cash and again there were many occasions
where other servers/bartenders had few to no

Asked on July 17, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, a salaried manager can wait tables while also doing other things (as you can imagine, this is not uncommon in very small restaurants) and can keep the appropriate share of tips earned while he is waiting. He can also take most of the tables for himself. The key is, he *must* be actually waiting on tables--he can't get tips without functioning as a waiter, but if he does function as a waiter, this is permissible.

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