Bartender Overtime Pay Wage & Hour Laws | Overtime Pay Laws
Bartender Overtime Lawsuits: Wage & Hour Laws

Bartender Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about bartenders:

What Is a Bartender?

Bartenders mix and serve drinks to restaurant or bar patrons, directly or through waitstaff.

What is the Salary Range for a Bartender?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of bartenders made between $17,310 to $40,230, with the average annual salary being approximately $20,800.

How Many Bartenders Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for bartenders are as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
603,320 0.9% $12.30 $25,580 0.5%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a bartender is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $8.32 $8.97 $10.00 $13.84 $19.34

Where Are Most Bartenders Employed?

According to the United States Department of Labor, states with the highest employment level of bartenders are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 57,340 3.59 0.84 $15.52 $32,280
New York 43,670 4.80 1.12 $13.82 $28,740
Florida 42,510 5.17 1.20 $14.10 $29,330
Texas 40,160 3.42 0.80 $12.88 $26,800
Pennsylvania 32,390 5.64 1.31 $10.40 $21,620

Bartenders Overtime Pay Lawsuit News

Related Bartenders Overtime Pay Lawsuit News

New York CaterersNew York Caterers Settle Unpaid Overtime Lawsuit for $50,000

NEW YORK CITY — A group of 19-banquet hall caterers recently settled an unpaid overtime lawsuit for $50,000 with their employer, Bridgeview Yacht Club in Nassau County, New York. The bartenders and waitstaff making up the group of plaintiffs claim their wages were improperly calculated for a six-year period. Investigators claim some of the plaintiffs […]


Bohemian GroveCalifornia Seasonal Workers Settle Overtime Pay Lawsuit

MONTE RIO, Calif. — Hundreds of current and former seasonal workers for an ultra-exclusive country club in Monte Rio, California recently settled an unpaid overtime lawsuit which could net each plaintiff approximately $8,000.


Overtime Pay LawsuitsAppeals Court Could Compensate Alaska Workers For Back Pay

ANCHORAGE — Although a lower court ruled in favor of two Lower 48 employers who mandated employee tip pools, a recent ruling from the Ninth U.S. Circuit Court of Appeals could overturn that decision and lead to Alaskan workers receiving more tips than ever before, according to KTVA Alaska.


Bartenders Can Join Overtime Pay Lawsuit

NEW ORLEANS — Pat O’Brien’s bartenders received conditional collective action status in Louisiana federal court early in February 2015. The bartenders claimed the managers at the New Orleans bar stole from the tip jar and failed to pay the employees the overtime to which they were entitled. With the conditional certification, nearly 40 additional current […]


Bartenders Bring Wage Claim Against Legal Sea Foods

Mass. — Bartenders and servers for Legal Sea Foods, a restaurant chain of upscale seafood restaurants on the East Coast, have filed two proposed class action lawsuits against the seafood chain alleging wage violations. The two proposed class actions claim the seafood restaurant chain required its tipped employees to share their tips with non-tipped employees in […]


Read All Bartenders News on Overtime Pay Cases and Settlements

What are the Laws for Bartenders Overtime Pay?

The overtime laws for bartenders is that employers must pay them overtime pay. In calculating these wages, tipped Bartenders must be informed in advance if the employer elects to use a tip credit as part of the minimum wage calculation and they must be able to show that the bartenders receives at least the minimum wage multiplied by 1.5 the regular hourly rate of pay. Additionally, if the employer includes a tip pool, those that participate in that pool must be employees who customarily and regularly receive tips.

All non-exempt bartenders are entitled to the federally mandated minimum and overtime wages. Tipped Bartenders must be informed in advance if the employer elects to use a tip credit as part of the minimum wage calculation and they must be able to show that the bartenders receives at least the minimum wage. Additionally, if the employer includes a tip pool, those that participate in that pool must be employees who customarily and regularly receive tips.

What is the Overtime Rate for Bartenders?

A bartender is entitled to one and one-half the federal minimum wage or regular rate of pay. However, tipped Bartenders must be informed in advance if the employer elects to use a tip credit as part of the minimum wage calculation. Additionally, if the employer includes a tip pool, those that participate in that pool must be employees who customarily and regularly receive tips.

Can a Bartender File a Class Action Unpaid Overtime Lawsuit?

Yes, a bartender can file a class action unpaid overtime lawsuit. These claims are filed by the entire group and provide each employee with more strength in numbers to fight against a large business and their high-paid legal team. An employee can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.

There have been numerous FLSA class action lawsuits filed to insure bartenders are paid what they are owed. At our award winning law firm, our unpaid overtime lawyers represent clients who have been denied unpaid overtime.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced bartender overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for bartenders. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced bartender overtime pay lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. 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.

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