If you work in a restaurant, you may have long days and long hours. If you believe that you are eligible for overtime, but you are not being paid overtime for the hours you work in excess of 40 hours per workweek, you may be experiencing a kind of wage theft.
The Fair Labor Standards Act (FLSA) establishes laws that determine minimum wage, and establish guidelines that require workers be paid overtime at a rate of one-and-a-half times your regular pay for any hours worked in excess of 40 hours per workweek.
You should be attentive and notice any pay discrepancies early on, so you can file a claim and have the issue addressed.
Eligibility For Overtime As A Waiter
Only non-exempt employees are not paid overtime for the hours worked past 40 during a workweek. In most cases, this means that if you are paid an hourly wage you will be entitled to receive overtime pay for hours worked more than 40.
The FLSA establishes a workweek as 7 consecutive 24-hour days and consists of 168 hours.
You should maintain copies of timecards and paystubs, so you can double check and make sure you are paid for all the time you worked and that you receive all overtime that you are entitled to receive.
There are many ways a waiter could suffer wage theft. As an example, you may have worked 50 hours during the workweek, but you were only paid the regular wage for every hour when you should have been paid the overtime wage for 10 hours.
There is a statute of limitations, for pursuing a claim after you suffered wage theft. If you wait too long and the deadline has passed, you cannot pursue a claim to recoup compensation for your losses.
You should promptly gather all your supporting evidence and documentation to prove that you were not paid all your earnings. You should seek the guidance of an employment law attorney who is familiar with the state and federal laws that apply to wage theft.
Gathering Evidence Of Eligibility
You will need to review the state laws where you work as well as the federal laws. Some states have stricter laws regarding overtime. In some states, overtime must be paid for any hours worked over 8 hours in a day.
In that case, if you work a 10-hour or a 12-hour day you are entitled to overtime even if you do not work more than 40 hours during the workweek. You will need to review your employment contract. It should indicate if you are non-exempt and indicate if you are to be paid an hourly wage.
Your first step in getting your wage theft claim underway is to speak with your human resources (HR) manager or a supervisor. You should maintain documentation that indicates you notified your employer.
Document any response from your employer and keep any correspondence that you receive regarding your claim. You should provide copies of evidence, such as paystubs and timecards.
If you do not get the issue resolved by speaking with your employer, you will need to contact the Equal Employment Opportunity Commission (EEOC).
You can file your claim with the EEOC online or in person after scheduling an appointment via phone call. The EEOC will investigate your claim and interview your employer.
They will review your supporting evidence as well. They will work to resolve the matter with your employer, but if the issue does not get settled, they will suggest you file a lawsuit against your employer to recoup your losses.
You can recover the stolen wages and any other damages that you may suffered. An attorney will help you calculate your losses.
Get a Free Case Evaluation
If you are a waiter who has not been paid the overtime that you earned, you should enlist the help of an employment law attorney.
An employment law attorney will understand the state and federal laws that apply to your situation and will work to ensure you are treated fairly. a lawyer can calculate the total value of your claim and come up with the value of a settlement.
When you speak with an attorney, go over the payment options. Some attorneys ask for a retainer to be paid when they take your case, but other attorneys will work solely on a contingency basis and not be paid until you win your claim.
Time is limited, so get your free case review today.
