Compensating Tipped Work: Security Cameras as a Tool for Time Use Measurement

Abstract

While tipped labor is common in the United States, it presents potential issues for employers unable to demonstrate how tipped workers use their time, thus violating the Fair Labor Standards Act and attracting lawsuits. According to the Fair Labor Standards Act, if tipped employees spend more than 20% of their workweek completing non-tipped tasks (e.g., cleaning, stocking), then they are eligible for the Federal minimum wage ($7.25 in 2018) for the hours beyond 20%, rather than the minimum wage for tipped employees ($2.13 in 2018). Traditionally, employers have used self-report data or observers to determine time use, but these are problematic given self-report bias and the Hawthorne effect. In response, we conducted a study using security cameras to document employee time use in a sample of employees at a large chain restaurant. We found that the sample did not violate the 20% rule. Furthermore, we demonstrated an alternative method to study time use with technology most service-based companies already have.