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As one the nation’s largest & fastest growing industries, the restaurant industry is rampant with wage theft, sexual harassment, and discrimination. Fortunately, people are sticking up for themselves and fighting back like never before. In 2019 alone, over 72,000 charges were filed with the EEOC over harassment & discrimination.  And the Department of Labor has received over 33,000 wage & hour complaints since 2015. It’s on us to hold employers accountable and bring justice to our workplaces. Learn more about your rights today!

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Federal Law Wage & Hour FAQ

No, it is prohibited under the Fair Labor Standards Act.

Yes, however many states have different formulas for calculating overtime compensation, so check our state law pages to learn more about your specific state.

If you live in a state where you earn a sub-minimum wage (below the minimum wage), federal law calculates overtime as the following:

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage (for example, $7.25 per hour) by 1½ (1.5), subtract the tip credit (for example, if you are paid $2.13 per hour, you would subtract $2.13 from $7.25, giving you $5.12 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Here is the example of the formula: 7.25 x 1.5 – (7.25 – 2.13) = overtime wage.

The employer is required to make up the difference if the tips + wages earned by the end of the work week do not reach the minimum wage. Some states have higher thresholds. Click on the state labor law link below to learn more about your state.

No, it is prohibited under the Fair Labor Standards Act.

Again, no, it is prohibited under the Fair Labor Standards Act.

There is not a federal law prohibiting this shady practice provided they are not taking more than the cost of the transaction fee. Some states have banned the practice. Click on the state labor laws link below to learn more about your specific state.

The National Labor Relations Board protects the rights of employees to engage in “concerted activity”,  which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.  A single employee may also engage in protected concerted activity if they are acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.

A few examples of protected concerted activities are:

  • Two or more employees addressing their employer about improving their pay.
  • Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.
  • An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

Even if you are not represented by a union, federal law gives you the right to band together with coworkers to improve your lives at work – including joining together in cyberspace, such as on Facebook.

Using social media can be a form of “protected concerted” activity. You have the right to address work-related issues and share information about pay, benefits, and working conditions with coworkers on Facebook, YouTube, and other social media. But just individually griping about some aspect of work is not “concerted activity”: what you say must have some relation to group action, or seek to initiate, induce, or prepare for group action, or bring a group complaint to the attention of management.

Looking To Take Action?

Is the boss foolishly breaking the law? It’s time to take action. Fill out our legal intake form and one of our organizers will be in touch asap.