Restaurant Worker Wage and Hour Laws Under the FLSA
February 14, 2011
In a related Orange County, California employment lawyer blog, our attorneys discussed a recent case involving a Mexican Restaurant Chain in Ohio, that reportedly violated restaurant wage and hour laws available to restaurant and fast food industry workers in the United States--laws that many vulnerable low-wage workers are not aware of under law.
According to the U.S. Department of Labor, under the federal Fair Labor Standards Act (FLSA), employees are required to be paid at least $7.25 per hour, the federal minimum wage, for all hours worked, plus one and one-half their standard pay rates for all working hours over 40 in a workweek, including bonuses, commissions and bonus pay.
Employees receiving tips, under the FLSA, are considered to be those who regularly receive tips that total over $30 in a month. An employee's tips may be considered as part of the wages, but the employer may not pay less than $2.13 an hour in direct wages, to ensure that the amount of tips received add up to the federal minimum hourly wage of $7.25.
The FLSA also states that tipped employees who received $2.15 an hour in regular wages are also subject to overtime laws, and should be compensated for one and one-half times the standard minimum wage, not one and one-half of $2.13.
Any deductions taken out of an employee's wages for restaurant items like required uniforms, cash shortages or walk-outs from customers are against the law if the monetary deduction reduces the wages of the employee to below the federal minimum wage or cuts into their overtime compensation. Other deductions taken out of employee's wages for items other than lodging, board, or other facilities that are recognized cannot normally be made in an overtime workweek.
Our Santa Ana employment attorneys at Howard Law, PC are experienced in understanding the complex and often confusing California Labor Codes, as well as the federal Fair Labor Standards Act and how they apply to employees and employers alike. For a free consultation to discuss your wage and hour issue, contact us today.
Fact Sheet #2: Restaurants and Fast Food Establishments Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor: Wage and Hour Division
Related Web Resources:
Related Blog Posts:
Mexican Restaurant Chain Fined $400K for Minimum Wage and Overtime Violations, California Employment Lawyers Blog, February 12, 2011
DOL Wage and Hour Lawsuit Settlement Brings $420K in Back Wages to WA Restaurant Workers, California Employment Lawyers Blog, January 31, 2011