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Cook Overtime Lawsuits: Wage & Hour Laws

Cook Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about cooks:

What Is a Cook?

Cooks usually work for restaurants and direct and may participate in the preparation, seasoning, and cooking of salads, soups, fish, meats, vegetables, desserts, or other foods. They may also plan and price menu items, order supplies, and keep records and accounts.

What is the Salary Range for a Cook?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of chefs made between $23,630 to $76,280, with the average annual salary being approximately $43,180.

How Many Cooks Are Nationally Employed?

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

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
134,190 2.3% $22.79 $47,390 0.9%

*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 cook is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $11.36 $15.50 $20.76 $28.40 $36.67

Where Are Most Cooks Employed?

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

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 18,610 1.17 1.22 $23.95 $49,810
New York 15,100 1.66 1.74 $22.63 $47,070
Texas 8,280 0.71 0.74 $22.47 $46,730
Florida 8,240 1.00 1,05 $27,20 $56,570
Illinois 4,810 0.81 0.85 $22.65 $47,110

Cook Overtime Pay Lawsuit News

Related Cook Overtime Pay Lawsuit News

Former Cook Files Unpaid Overtime Lawsuit Against Arizona Bistro

A former cook and bouncer for a Flagstaff, Arizona sushi bistro recently filed an unpaid overtime lawsuit against the company over allegations that the restaurant’s owners failed to properly pay him for all his hours spent on the job.

New York City Sushi Restaurant Hit with Class Action Overtime Pay Lawsuit

Workers for an upscale New York City sushi restaurant recently hit the company with a class action unpaid overtime lawsuit over allegations that the business and its management engaged in wage theft against servers by setting up illegal tip pools.

Virginia Restaurant Agrees to $3 Million Settlement with Labor Department Over FLSA Overtime Violation

A federal judge recently entered a consent decree between a Virginia restaurant chain and the Department of Labor to resolve claims that the defendant underpaid dozens of workers across various locations in the Roanoke area.

Labor Department Settles Wage Theft Allegations with Missouri Buffet Restaurant

The United States Department of Labor recently announced that it resolved a wage theft lawsuit with a Blue Springs, Missouri buffet restaurant and that the defendant will compensate all the affected workers by paying due wages and applicable damages.

Server Sues Delaware Beach Restaurant Over Wage Theft Allegations

FENWICK ISLAND, DE — A server for a Delaware beach restaurant recently filed a wage theft lawsuit against the company, claiming managers engaged in rampant and systematic wage theft against wait staff to enrich ownership and management, as well as pay the wages for hourly, non-tip earning workers.

Read All Cook News on Overtime Pay Cases and Settlements

What are the Overtime Laws for Cooks?

Under the FLSA, employers may be required to pay its cooks overtime. Typically, cooks oversee the daily food service operation of a restaurant.  Depending on the employee’s education, job duties and whether or not they create new food dishes, they may be exempt from the overtime laws of the FLSA, meaning not able to collect overtime wages.

As a result, it is extremely important you consult with an experienced cook overtime pay laws lawyer. At our top rated law firm, we will determine whether or not you are eligible to file a claim under the law. If determined that you were unfairly denied wages, we will start working on your case immediately gathering all the evidence to prove and win your case.

What is the Overtime Rate for a Cook?

The overtime rate of pay for a cook is one and one-half their regular rate of pay. In order to calculate the number of hours a cook worked overtime, the employer must consider all required work performed both before and after a shift, any scheduled meal breaks, staff meetings, and required paid training. Additionally, hours worked overtime also include hours worked at all facilities and departments or on-call, and the regular rate should include shift differential, bonuses or on-call fees.

Can a Cook File a Class Action Unpaid Overtime Lawsuit?

Yes. There have been numerous FLSA class action lawsuits filed to insure cooks are paid what they are owed. An class action lawsuit is a claim filed by an entire group of cooks against their employer for payment of back overtime wages. Therefore, if multiple employees at the same business have unpaid overtime claims, they may be able to file a collective Wage and Hour action to recover their wages.

Wage and Hour lawsuits can be filed as an individual lawsuit as well. The FLSA provides cooks the right to a file private action against an employer which means the lawsuit is brought by one employee against the employer and other similarly situated workers have no involvement in the case.

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 cook 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 cooks. 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 cook 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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