Common Wage and Hour Mistakes Restaurant Workers Encounter

If you work in a restaurant, especially as a tipped worker, there are a number of common errors that many restaurant owners make when it comes to pay. If you believe that any of these apply to you, it’s a good idea to speak with an attorney to review your options.

One common area of concern involves uniforms. If you are required to wear one – who is responsible for covering the cost? It may be a violation of the Fair Labor Standards Act (FLSA), if paying for your uniform causes your take home pay to fall below minimum wage. Failing to provide workers full meal and rest periods is also a frequent point of contention. If your employer does not provide adequate meal or rest breaks, and/or makes you work through breaks without compensating you, you may have a claim for lost wages and other damages pursuant to federal and state labor laws.

Additionally, your employer must pay you overtime compensation if you work more than 40 hours in a work week. This is typically one and one-half times your standard rate of pay for all hours worked in excess of 40. Calculating a tipped-employee’s standard rate of pay may present difficulties, as the calculation of your pay is dependent on numerous variables. Finally, one of the biggest wage and hour errors across the board is mis-classification. Non-exempt employees may be entitled to overtime pay, whereas exempt employees are not, regardless of the number of hours worked.

For more information or if you believe that your employer has not paid you all of the compensation you are entitled to, please contact our experienced Atlanta employment lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.