Owning a restaurant can be difficult. How many shows are there about helping restaurant owners turn things around before they have to close their doors for good? The competition is cutthroat and one horrible Yelp review could negate years of hard work and sweat and tears. The competition is stiff and many restaurants close after the first year. In addition to that, the margins are notoriously tight.
Having said all that, though, restaurant owners must still follow the rules and that means paying their employees overtime pay when those rules kick in. For example, cooks, dishwashers, and hostesses do not often work for tips. Instead they are paid an hourly wage or salary like everyone else. And as anyone can tell you who works in the restaurant industry, people call out or there could be a late rush, causing them to work more than 40 hours in a given week.
If this happens, a restaurant owner must pay them overtime pay for the time worked over 40 hours. This is just one of the many examples of overtime pay violation. Another misconception is you don’t have to pay tipped employees minimum wage. Yes, tipped employees who rely on tips for most of their wages do only get paid $2.13 an hour. The catch is, though, that they must earn a minimum wage. So if the combination of the tips and $2.13 don’t add up to the state’s set minimum wage, the owner must cover the difference.
What Should You Do If Your Employer Has Violated any Overtime Laws?
If you are a cook or waitress who believes that your employer shorted you compensation that you were entitled to, you do have rights. You don’t have to give up that money. However, you will need someone by your side with a clear understanding of wage and hourly laws in your state. You will need to hire an overtime lawyer who can assess your case and determine whether or not any laws were broken. If he or she thinks that the employer did break the law, your overtime lawyer will seek damages and help you recoup your lost wages.
Although the restaurant industry is a little bit different than other industries regarding pay, it’s not the Wild West. Restaurant owners are still bound by the same rules as everyone else. If your employer has not followed the rules and you were not paid what you deserve, don’t let them get away with it. You have a clear way forward.