In the United States, 11% of workers are in the restaurant business. They’re not just waiters and waitresses. The restaurant business includes managers, entrepreneurs, franchisors and franchisees, and business leaders.
If you work in the business, you probably know that many different employment law issues exist. Employees regularly experience sexual harassment, as well as violation of wage and hour laws. Employers are often sued for alleged violations of American employment laws — even when those violations do not exist.
At the New York law firm of Berke-Weiss & Pechman LLP, our lawyers represent restaurant workers and owners in claims related to workers’ employment rights, including claims that allege:
- Failure to pay server a fixed hourly wage, but forcing them to work only for tips
- Failure to pay proper overtime pay for all overtime hours worked in excess of 40 hours in a week
- Ignoring the requirement that New York restaurants pay their workers an extra hour of pay when their work day exceeds 10 hours
- Managers and owners improperly taking shares of tips for themselves, even though the law says that tips belong to service staff only
- Improperly charging customers a “service charge” that is kept by management while leading those customers to believe that the charge supports the waitstaff
- Ignoring the law on minimum wage by paying less than the minimum (which often occurs when employers promise employees a “tip credit” if they work for less than the minimum)
- Failing to pay waitstaff for the time spent in mandatory training that does not involve the receipt of tips
- Charging waitstaff for customer walkouts and other losses, including broken glassware and plates
- Unlawfully requiring waitstaff to purchase and launder their own uniforms without reimbursement
Berke-Weiss & Pechman LLP is the law firm behind www.waiterpay.com, which was designed to promote awareness about restaurant industry wage and hour laws. To learn more about your rights and our work in the area of New York employment law, please visit the site or contact our law firm to speak with us.