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Houston fair wage lawyers at Kennedy Hodges are constantly coming across news stories about wage theft in the restaurant industry. It is an employer's responsibility to be aware of the rules of the Fair Labor Standards Act, and treat their employees accordingly.
But oftentimes, restaurant industry employers fail to do so, and as a result, the employees miss out on hundreds or even thousands of dollars from their paychecks. Some of the most common occurrences of wage theft probably happen without the restaurant worker even knowing it.
These situations include, but are not limited to:
- The employer requiring the restaurant worker to perform tasks before clocking in or after clocking out for the shift. Employees should be compensated for all work performed, regardless of whether they are clocked in at the time.
- The employer requiring a tipped worker to contribute to a tip pool. According to the Fair Labor Standards Act, no employee should be forced to share his or her tips with a non-tipped or hourly employee, including bussers, cooks, or managers.
- The employer refusing to pay overtime for the weekly hours over 40 that an employee works. All employees are required to be paid one and a half times their hourly rate for overtime hours. For tipped employees making minimum wage, that rate should be one and a half times the federal minimum wage of $7.25, minus the hourly tip credit of $5.12.
- The employer failing to pay the federal minimum wage of $7.25 per hour. Tipped employees may be paid $2.13 per hour, but only if the tips they earn equal or exceed $5.12 per hour. If not, the employer must make up the difference.
The best way to protect yourself from wage theft in Houston is to learn your rights as a restaurant industry worker. Order your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 to learn these rights, or contact the lawyers at Kennedy Hodges immediately for your free consultation.
Category: Tipped Employees
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