Yes, because these tasks are incidental to their regular skycap functions for which they do receive tips. Under the Fair Labor Standards Act, a tip credit may be used for employees who customarily and regularly receive at least $30 a month in tips. The standard is “customarily and regularly,” not constant.

There are times when non-tipped and tipped duties must be separated. For example, a waitperson who also performs maintenance is entitled to the full minimum wage for the maintenance hours. Similarly, food preparation that takes place before a restaurant opens may not be covered by the tip credit. However, time spent on incidental duties, such as cleaning or setting tables or operating the cash register, does not have to be segregated.

20-percent guideline. What if the non-tipped tasks take up a considerable portion of the workday? The U.S. Department of Labor’s Wage and Hour Division does have a guideline that they should not exceed 20 percent of the time. Thus, a restaurant worker who spends a lot of time performing maintenance functions may not qualify for the credit for all hours worked.

On the other hand, if the employee regularly moves between non-tipped and tipped duties, separating the time minute by minute may not be feasible and the employer likely does not have to try to separate the time. For skycaps, moving luggage at screening areas, helping disabled passengers and collecting baggage fees are regular duties of the job. Neither the employee nor the skycaps possibly could keep a detailed record of when they were performing specific duties.

Cite: Pellon v Business Representation International, Inc, 155 LC ¶35,375 (SDFla 2007); CCH Wage & Hour Compliance Guide, ¶1052.