Thanks to the Fair Labor Standard Act and the many amendments done to it through the years, many employees are able to receive just compensation for their hard work and appropriate protection for any violation that may occur in the workplace. One of the things that the FLSA upholds is an employee’s right to overtime wages. According to the Department of Labor, barring a few exceptions, all employees are expected to receive overtime wages that are 1.5 times more than their regular rate for any task performed outside their 40-hour work week.
Despite the best efforts of the government to ensure that employees in the United States are properly compensated, many employers continue to violate the requirements on overtime pay. This is particularly true in the hotel and restaurant industry. According to Leichter Law Firm, off-the-clock violations are the most common in this industry. Employees that are expected to begin working before the start of their shift and to continue working through breaks and meal periods, as well as after the end of their shift should take note of the paycheck they receive. In all these cases, an employee is entitled to receive the extra 1.5 rate for every hour. The wages they receive for this additional work should also incorporate any tips received for the day.
Hotel and restaurant employers who commit violations to overtime laws and other similar wage-related laws can be held accountable by aggrieved employees in the court of law. All employees working in the U.S. reserve the right to pursue legal action against these employers that prevent them from enjoying fair labor treatment. Employees in Texas are also protected by a number of state legislation meant to reinforce the clauses delineated in the FLSA. Consult with an experienced Texas overtime pay attorney for more information about overtime pay provisions and other laws relevant to your current situation.