Restaurant workers have filed an increasing number of wage and hour complaints based on potential Fair Labor Standards Act (FLSA) violations. Statistics show more than 7000 wage and hour claims were filed in 2017 in the hospitality industry, more than nine times any other industry.
The most common violations occur in the following situations:
Failing to pay for time spent “donning and doffing.” In some circumstances If your job requires you to put on a uniform/costume the extra minutes required at the beginning and end of each shift may be compensable.
Miscalculating overtime pay.
You may be receiving overtime checks, but do you know if it’s being calculated correctly? The rate at which your overtime pay is determined can have a significant impact on your take home pay.
Improperly rounding hours.
Some employers round to the nearest 15 minutes. The way the rounding occurs must be fair to both employer and employee, and be consistent. Variations in how the rounding occurs may lead to overtime pay violations.
Failing to provide breaks when necessary.
A recent court case determined that a restaurant mist provide additional breaks where a worker suffered chronic back pain. Your employer may violate your rights if they fail to make reasonable accommodations for illnesses and injuries.
For more information, or If you have any wage and hour question, please contact the experienced Georgia wage and hour attorneys at Buckley Bala Wilson Mew LLP for an immediate case evaluation.