Yes, you may be entitled to overtime pay as a tipped employee if you worked more than 40 hours in a single work week. If you believe you have been denied wage benefits, it is important to consult an experienced unpaid overtime lawsuit attorney about your possible case.
According to the Fair Labor Standards Act (FLSA), if an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage ($5.15 an hour) the employer must make up the difference.
When an employee receives both tips and some other type of pay, the tip credit is available only for the hours spent in the tipped occupation. The Act permits an employer to take the tip credit for time spent in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips, provided such duties are incidental to the regular duties and are generally assigned to such occupations. Where tipped employees are routinely assigned to maintenance, or where tipped employees spend a substantial amount of time (in excess of 20 percent) performing general preparation work or maintenance, no tip credit may be taken for the time spent in such duties.
For more information on the overtime pay laws for tipped employees and to discuss your case with one of our unpaid overtime lawsuit attorneys, call us today at (855) 754-2795. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.