Unless otherwise classified as “exempt” under the FLSA, generally the overtime laws require employers to pay its restaurant workers overtime as well as federally mandated minimum wages.
If the restaurant worker receives tips, they 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 employees receives at least the minimum wage.
If you believe you have been wrongfully denied overtime pay, the best option is to contact an experienced attorney who can advise you on your rights. The FLSA is a difficult statute to navigate, and state laws can complicate the picture even more. Only an attorney can tell you whether you may be entitled to these benefits if you are eligible to file an overtime pay lawsuit.
To determine your rights, contact our experienced restaurant worker overtime pay lawyers at (855) 754-2795 for a free, no obligation case review. We will carefully evaluate your job and your work situation to determine whether you are an employee that is entitled to receive overtime pay. If your employer owes you wages for work performed, even dating several years back, we can file a claim for you to recover the wages that you are owed.