Food Service Workers: Are You Receiving Fair Overtime Pay?

August 2, 2016  |  Employment Law, Overtime Violations

If you work in the food service industry, you are all too familiar with the long hours and physically demanding conditions. But if you often find yourself working far more than 40 hours a week and you’re not being fairly paid, it is critically important you know of big changes that are coming to the rules that govern overtime compensation.

Changes Are Coming

The Fair Labor Standards Act (FLSA) exempts salaried workers making more than $23,660 from overtime pay. If, for example, you manage a fast food restaurant and make $30,000, it really doesn’t matter how many hours you work per week above 40. Your employer does not have to pay you a single dime extra.

That’s going to change come December 1 as changes to the FLSA regarding overtime pay go into effect. The salary exemption for overtime will leap to $47,476. This will mean that $30,000-a-year manager putting in 80 hours a week will now have to receive time-and-a-half for those extra 40 hours. Gone will be the days of having to perform all that added work without any added compensation.

The new law will be very clear in what employers can and cannot do when it comes to overtime. Your boss will not be able to bump your salary up to $40,000 with an understanding you will have to work unpaid overtime. If your salary is under the new threshold, you will have to receive proper compensation anytime your workweek exceeds 40 hours.

Stay Vigilant

There’s no guarantee, of course, that every food service employer will immediately comply with the new overtime rules. Some will undoubtedly try and get around the law, and workers will suffer as a result. Don’t let this happen to you. If you feel you are not receiving the correct amount of compensation for the hours you are working, get in touch with Baron & Budd and we may be able to help. To learn more or schedule a confidential consultation, call 866-495-1255 or complete our contact form.

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