I am starting a new job as a delivery driver and had to sign an agreement that I consent to perform an assortment of tasks in-store (around 15 listed and “any other duties as assigned”) when not receiving orders. I know the Department of Labor announced at the end of December 2021 that tipped employees must be paid minimum wage when doing over 30 minutes of consistent non-tipped work. Does this apply to this situation? I feel like taking this job was a mistake as this restaurant is receiving a lot of labor for tipped labor cost and not minimum wage, but can more than likely argue they don’t have to pay minimum wage because the work does not take more than thirty minutes at a time and is interrupted by deliveries.
I was also told by the franchise owner specifically that it is the delivery driver’s responsibility to clean and do all dishes. This seems like blatant disregard for wage policy.