Sec.31-62-E3a. Service and non-service duties within the restaurant industry

(a) On any day that a service employee performs non-service employee duties:

(1) For two hours or more, or

(2) For more than 20 percent of the service employee’s shift, whichever is less, the employer shall not claim credit for gratuities as part of the minimum fair wage for that day.

(b) If a service employee performs non-service duties during the course of a day’s work in excess of the lesser of subdivision (1) or (2) of subsection (a) of this section, the employer shall segregate and record time spent on non-service duties to claim a credit for gratuities as part of the minimum fair wage for that day.

(Effective September 24, 2020)