The overtime rate for waiter and waitresses is one and one-half their regular rate of pay which is at least one and one half the minimum wage rate. This can be straight pay or a combination of a lower wage and tips. Deductions made from wages for items such as cash shortages, required uniforms, or customer service walk-outs are illegal if the deduction reduces the employee’s wages below the minimum wage or cuts into overtime pay.
Under certain circumstances, some waiters or waitresses may be exempt from the FLSA requirements. Additionally, some states may have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for waiters and waitresses.
The failure of the employer to pay required overtime pay can give rise to a waiter and waitress overtime pay lawsuit. If you would like to discuss your case or concerns with one of our experienced attorneys, please call (855) 754-2795 to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will listen closely to your situation and determine if you have a claim. We will also represent you under our No Fee Promise, which means there are never any legal fees or costs to you unless we recover.