About the Rights of Restaurant Workers
Chefs, managers, cooks, waitresses and cleaners are employed by restaurants around the country. Many of the workers earn a large portion of their income through tips. Restaurant workers are protected by regulations set by federal organizations, such as the United States Department of Labor and the Equal Employment Opportunity Commission.
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Minimum Wage
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The Employment Standards Administration (ESA) has oversight for the Fair Labor Standards Act (FLSA), the regulation that requires employers to pay applicable restaurant workers at least the current federal minimum wage. Employers are also required to pay employees overtime at the rate of one and one half times the employee's standard hourly pay. The current federal minimum wage rage was set at $6.55 an hour on July 24, 2008. On July 24, 2009 the new federal minimum wage rage will increase to $7.25 an hour. In addition to federal minimum wage hourly rates, states can also have minimum wage regulations that exceed what is required by the federal government.
Tips and Total Compensation
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FLSA requires that restaurant workers who receive tips receive a combined cash and tip minimum wage rate that is equal to the federal minimum hourly wage. For example, a restaurant worker who receives tips equal to $2.13 an hour must also receive a minimum basic hourly rate of $4.42 for a total of $6.55 an hour. Monthly tips must exceed $30 for tips to be calculated into the employee's overall hourly rate. Regardless of the total amount of tips an employee receives, employers are restricted from paying less than $2.13 an hour in basic minimum hourly wages. Additionally, employers must be able to prove that the employee received enough in tips to meet the federal minimum wage guidelines.
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Overtime
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Employers are required to pay eligible restaurant workers overtime for all hours worked that exceed 40 hours a week. The minimum amount of overtime that employers can pay employees is one-half their regular hourly rate. Employers are not required to pay restaurant workers overtime for working on holidays or weekends unless the employee's total weekly hours exceed 40.
At Will Employment
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Absent a written contract that clearly states that they must work a minimum amount of time at the restaurant before resigning or leaving, restaurant workers can exit their employment at any time without giving notice. Employers can also terminate a worker's employment without proving prior notice. Employers are restricted from terminating a worker's employment for illegal reasons, such as for race, color or gender, at all times.
Discrimination
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Title VII of the Civil Rights Act of 1964 prevents employers from discriminating against restaurant workers due to race, color, religion, sex or national origin. The 1963 Equal Pay Act requires that employers pay women and men equally for providing equal work. The 1967 Age Discrimination in Employment Act prohibits employers from discriminating against restaurant workers who are older than 39 years of age. The 1990 Americans with Disabilities Act prohibits employers from discriminating against employees who are physically or otherwise disabled but capable of performing the functions of the job.
Meals and Breaks
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Restaurant workers must receive a 30-minute break if they work six to eight hours in a day. The breaks are to be unpaid unless an employee does some type of work during their break. If a restaurant worker provides services for the employer during their break, they must be paid. Employers must also provide restaurant workers a 10-minute rest period every four hours that they work.
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