Summary: Hospitality workers are often required to work long shifts that exceed 40 hours in a workweek. With few exceptions, hospitality workers should receive overtime pay of 1.5 times their regular pay rate when they work over 40 hours per week. Contact an attorney right away if you are a hospitality worker experiencing overtime pay violations.

If you work in the hospitality industry, there is a strong likelihood that you work more than 40 hours a week. Unless you are an exempt employee, when you exceed 40 hours in a given workweek, your employer is required to compensate you with overtime pay of time-and-a-half your regular earnings.

Many workers in hotels, restaurants, and other hospitality jobs fall victim to tactics used by employers to avoid paying overtime. A hospitality industry overtime pay lawyer can help if your employer is violating overtime laws. A skilled unpaid overtime attorney can investigate your claim to examine what compensation may be recoverable in your case.

Overtime Pay and Common Wage Violations in the Hospitality Industry

Individuals who work in the hospitality industry may face a range of overtime pay and other wage violations resulting from exploitative practices by employers. Although many types of violations can occur in the hospitality industry, some of the most common forms of illegal wage theft include:

  • Withholding or altering tip amounts that are earned by employees
  • Paying workers a regular rate that is below the federal minimum wage
  • Deducting for meal breaks even if the employee is required to work through their break
  • Deducting wages for costs such as uniforms or discounts given to employees on menu prices
  • Paying straight time for all hours worked even when the worker crosses into overtime hours
  • Failing to compensate employees at one-and-a-half times their standard hourly rate for each additional hour worked over 40 hours per week
  • Failing to combine hours worked at multiple locations for the same employer (eg. Working 35 hours at one location and 10 hours at another but receiving two paychecks, each at straight time, failing to include overtime for 5 hours)
  • Issuing separate paychecks for 40 hours of work in a workweek and any hours worked in excess of 40 to avoid paying overtime

If you work in the hospitality industry and your employer has miscalculated your overtime pay or is not paying you for overtime at all, you may need help from a lawyer. A qualified attorney can assist with any labor issue you are experiencing and carefully investigate the discrepancies to recover the compensation you are owed.

The Importance of Fair Compensation

Most hourly workers and some salaried workers are entitled to overtime pay. Under the Fair Labor Standards Act (FLSA), there are very narrow exemptions for overtime pay. For non-exempt employees, a company’s failure to pay them time-and-a-half for every overtime hour worked is in violation of federal law.

In cases involving potential disputes, you should maintain detailed records of the hours you work, including:

  • Breaks taken
  • Total hours worked
  • The dates and times of each shift

It is illegal for an employer to withhold compensation for overtime or to pay you overtime but at the incorrect pay rate.

A dedicated hospitality industry lawyer can pursue all legal avenues to recover any unpaid wages you are entitled to, including overtime.

Reach Out to a Hospitality Industry Overtime Pay Attorney

It is important to consult with a hospitality industry overtime pay lawyer as soon as possible because you have limited time to file a wage theft claim. You may be entitled to back pay for your unpaid overtime, as well as other forms of compensation like liquidated (double) damages if your employer is violating overtime laws.

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