Commonly asked overtime pay law questions about hotels:
- What Workers are Employed by Hotels?
- What is the Salary Range for Hotel Employees?
- How Many People Are Employed Nationally by Hotels?
- Where Are Most Hotel Workers Employed?
- Hotel Overtime Pay Lawsuit News
- What are the Major Hotels?
- What are the Laws for Hotel Employee Overtime Pay?
- Is a Hotel Employee Entitled to Overtime Pay?
- Does a Hotel Have to Pay Overtime Wages to its Employees?
- Hotel Overtime Pay Lawyer Review
What Workers are Employed by Hotels?
Some of the largest groups employed by hotels include desk clerks, waiters and waitresses, hotel managers, bellhops, concierges, and housekeepers.
What is the Salary Range for Hotel Employees?
According to the United States Department of Labor, salary estimates for occupations commonly found in hotels are as follows:
|Occupation||Median Hourly Wage||Mean Hourly Wage||Median Annual Wage||Mean Annual Wage|
|Waiters and waitresses||$10.12||$13.72||$21,060||$28,540|
How Many People Are Employed Nationally by Hotels?
According to the United States Department of Labor, employment estimate and mean wage estimates for some common hotel occupations are as follows:
|Waiters and waitresses||147,230|
Where Are Most Hotel Workers Employed?
According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:
Hotel Overtime Pay Lawsuit News
Omni Hotels Management Corporation, a chain of luxury hotels in many states, has come under much scrutiny after facing a lawsuit citing the chain was not paying employees proper overtime wages required by the Fair Labor Standards Act (FLSA).
LOS ANGELES, CA — Two workers for an upscale Los Angeles area resort recently filed a proposed class action lawsuit against their employer over allegations that the company failed to pay them and other workers all their due wages for their time spent preparing for their shifts every day.
ORLANDO — The Walt Disney Co. recently agreed to a $3.8 million payment with the Department of Labor to resolve more than 16,000 unpaid overtime and minimum wage claims with current and former employees for the company’s Vacation Club Management Corp. and Parks and Resorts U.S. Inc., both based in Florida.
LOS ANGELES –The Oakland, California City Attorney recently filed an unpaid overtime lawsuit against an area hotel on behalf of several former workers the city claims are due unpaid wages and other damages.
VIRGINIA — A pair of former inn workers for a Virginia, Minnesota restaurant recently filed a class action unpaid overtime lawsuit against their employer alleging the defendant engaged in rampant wage theft and withheld overtime pay.
What are the Major Hotels?
There are a number of major hotel brands in the United States, which are some of the largest employers in the hospitality industry. These include:
- Marriott Group Hotels
- Hilton Worldwide Hotels
- IHG Hotels
- Hyatt Hotels & Resorts
- Four Seasons Hotels & Resorts
- Preferred Hotels & Resorts
- Hampton Hotels
- Holiday Inn Hotels
- Radisson Hotels
- Wyndham Hotels
- Best Western Hotels
What are the Laws for Hotel Employee Overtime Pay?
Under the Fair Labor Standard Act (FLSA), most hotel employees are non-exempt and therefore entitled to overtime pay.
If an employee is non-exempt under the FLSA, the law required that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.
Exemption under the FLSA is determined based on job description, job duties, rate of pay, and hours worked. Even if an employee is paid a salary and/or is given the title of “manager,” they still qualify for overtime pay in many cases.
Hotels often misclassify a person as a manager or some other position to attempt to avoid paying overtime, but this is a clear violation of the law.
In addition to the FLSA, there are often state laws that regulate overtime pay. An experienced overtime pay lawyer will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are exempt or non-exempt.
Is a Hotel Employee Entitled to Overtime Pay?
Hotel employees are often required to work long hours and extend their workday beyond their regular shift. In addition to working extra hours, many hotel employees are “shorted” on their break and rest times by being required to be “on call” and accessible at all times. Some hotels require employees to have hand held radios or cell phones so that they can be contacted when a customer makes a request or if management needs something done. Although this helps provide better service to the customer, it is not fair to the hotel employee and violates federal overtime pay laws.
Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay for all hours worked past 40 in one week. The company must track all hours worked and pay the appropriate overtime wages.
In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the work day to the end of the last principal work activity of the workday. In addition, this can include time taken away from meal and rest breaks.
If a hotel fails to provide the overtime wages the employees are entitled to, they violate the FLSA and can become the subject of an overtime pay lawsuit.
Does a Hotel Have to Pay Overtime Wages to its Employees?
Yes, in many cases a hotel is required to pay overtime wages to employees that work more than 40 hours in one week, as most hotel employees are considered non-exempt under the FLSA.
The main exemptions under the FLSA are the “administrative” and “professional” exemptions. It is important to note that exemption is not determined by your job title, but by your job duties, wages, and hours worked. This means that hotels cannot simply assign management job titles as a way to misclassify employees and avoid paying overtime wages.
If you believe the hotel you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.
To determine whether you are eligible for filing a wage claim, contact our experienced Hotel 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.