According to the Fair Labor Standards Act (FLSA), workers are required to receive at least minimum wage and must receive paid overtime. It is far too common, especially in the restaurant industry, for these rights to be violated. Often, employers will try to skirt around requirements and find loopholes so that they can get out of paying their workers what they deserve. These practices are illegal and workers should be made aware of their rights. Work time is strictly defined as all hours an employee worked performing their job duties, whether you're on or "off-the-clock." The fact is, if an employee works more than 40 hours a week, all excess hours are considered overtime and worthy of compensation. The required overtime pay is one and one-half times the employee's regular rate. If you still have questions regarding your rights as a worker, then defer to the Fair Labor Standards Act or seek legal help.
For restaurant workers it looks a little different. Because servers earn tips as well, if the direct wage they receive from their employer combined with the tips they make do not meet the minimum wage requirement or overtime pay requirement (if applicable), the employer is required to pay the difference. If an investigation reveals that you are not receiving your fair pay and that your rights under the FLSA are being violated, you are absolutely deserving of compensation. If your employer is requiring you to work off-the-clock and not giving you overtime pay, your wages are not meeting minimum wage requirements, or even if your employer has given you time off in hopes of compensating for your overtime work, you should seek legal help immediately.
At Arnold & Itkin, we are experienced in business and commercial litigation, and have a successful track record in getting our wronged clients the justice they deserve. With attorneys at our firm who have years of business experience behind them, we will be able to offer you the kind of representation you need if you are facing overtime violations. Your employer is responsible for paying you what you are entitled to under the Fair Labor Standards Act. The amount of compensation you are entitled to varies depending on your particular case, so it would be best to have us evaluate your claim. Your employer may even be charged additional fines if they were found to have willfully repeated this violation over a period of time.