Side work (or "sidework") is the catchall term for non-tipped duties tipped employees perform before, during, or after their tipped shifts. Examples:
- Rolling silverware
- Restocking glasses, napkins, condiments
- Polishing wine glasses or flatware
- Cleaning service stations
- Prepping garnish trays at a bar
- Closing duties (deep cleaning, breaking down stations)
Sidework matters for the tip credit. Under the federal 80/20 rule (also called the "dual jobs" rule), an employer can only take a tip credit for time the worker spends on directly tip-producing duties. If a server spends more than 20% of their shift on sidework, the employer must pay full minimum wage for the excess time.
The 80/20 rule was rescinded under the Trump-era 2019 opinion letter, reinstated under the Biden-era 2021 DOL final rule, then partially struck down in court (Restaurant Law Center v. DOL, 5th Cir. 2024). The current federal landscape is in flux. Several states have parallel rules under state law that remain in force regardless of federal changes.
Practical implication: track your sidework time. If you spend an hour rolling silverware before a 6-hour service, that hour may legally need to be paid at full minimum wage rather than the tipped wage.