Do You Work in a Restaurant? Make Sure You Receive Overtime Pay

As we reported on Monday, if you are an hourly employee and you work more than 40 hours in a workweek, you may be entitled to overtime. Earnings statement

Recently, there have been several lawsuits filed against restaurants accused of violating the Fair Labor Standards Act (FLSA). Unless you are classified as an exempt employee, under most circumstances, you should be paid overtime if you are working more than 40 hours per week.

According to, last month, a non-profit group announced that it had settled a case with a group of restaurants in Los Angeles accused of wage and overtime violations. The settlement will reportedly allow back pay to be awarded to 60 workers. The restaurants involved in the settlement include Izakaya Fu-ga and El Mercadito Complex in Boyle Heights.

It should be noted that a recent report by the National Employment Law Project estimated that one in four low-wage workers surveyed in Los Angeles, Chicago and New York were not receiving the minimum wage, and 75 percent were not getting overtime pay, according to the Los Angeles Times.

Remember, some employers attempt to violate wage and overtime laws by asking employees to do light work before their shifts begin. Additionally, it is not uncommon in the food service industry for employees to be called into work and sent home when establishments are not busy enough.

How Can I Speak to an Attorney About a Wage or Overtime Violation?

If you work in food service, you should question all company policies that impose partial or full-day unpaid work periods. If you work more than 40 hours in a week, in most cases, you should be receiving time-and-a-half or overtime wages.

If you are not paid for all the hours you have worked or your employer is withholding overtime wages, you can sue for damages. As these cases show, you can seek compensation for back pay. Let our labor attorneys help you.

Kesluk, Silverstein & Jacob—Los Angeles employment attorneys