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What do fast food joints and fine-dining restaurants around the nation have in common? Both industries are trying to digest a gross lack of understanding of the federal wage and hour laws. Our employment lawyers analyze Fair Labor Standards Act trends in different industries and in this sector, restaurants take the cake for violations.
It doesn’t matter if it’s a four-or-$40 meal, the overtime and minimum wage violations still creep in and employees have to be careful to watch out for them.
Case in Point
Le Bernardin, a high-end Manhattan restaurant, was served with an FLSA lawsuit recently, with allegations that the restaurant violated federal minimum wage and overtime laws. In the lawsuit, employees claim that front of house tipped employees were not paid overtime pay, minimum wage and spread of hours pay. Other alleged FLSA violations include tip pools shared with non-tipped employees including managers.
What is Spread of Hours pay in New York?
Many states have additional wage and hour laws that provide more employee protections than the federal FLSA. New York is an example, with labor laws that require that employees who work days longer than 10 hours (over 10 hours from start to finish, even if there is a mid-day break) to receive an additional hour’s pay at minimum wage. The spread of hours includes work time plus time off for meals and off duty intervals.
As an example, an employee who picks up a double-shift in a restaurant, let’s say a morning shift from 10:30 a.m. to 1:30 and then an evening shift from 6:00 p.m. 08:30 p.m. – the law stipulates that the worker is eligible to be paid an extra hour (at minimum wage) because the “spread of hours” exceeded 10 in one day.
Do you need a New York employment lawyer?
Our firm represents clients just like you in wage and hour claims nationwide. If you need to contact a wage lawyer, send us a contact form to tell us about your case. You can also order our free book, The 10 Biggest Mistakes that can Hurt Your Wage and Overtime Claim, to learn more about wage and hour claims.
The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.
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