Showing posts with label restaurant workers. Show all posts
Showing posts with label restaurant workers. Show all posts

Monday, August 02, 2010

Employees of Large Retail Employers Entitled to Breaks beginning in March 2011

Back in 2007, I wrote that adult Maryland Employees are not entitled to breaks.

As a result of a new Maryland law that takes effect in March 2011, certain Maryland employees must be given breaks.  The law only applies to retail establishmentswith 50 or more employees and excludes wholesalers and restaurants.

Tuesday, April 17, 2007

Restaurant Workers Among the Most Abused.

In fiscal year 2006, the Department of Labor collected nearly $50.6 million in back wages for approximately 86,700 workers in "low-wage industries." What industry made up the bulk of the violations? The restaurant industry.

Although the statistics are drawn from the entire nation, I know it is no different in Maryland since this firm (and several of my colleagues) have pursued claims on behalf of servers, kitchen workers, and custodial employees.

Monday, April 02, 2007

Employers May Not Have their Hand in Restaurant Workers' Tip Pool

Employers can pay restaurant workers the "sub minimum wage" ($3.08 per hour in Maryland) because servers and waiters can make up the difference earning tips. Employers call this the "tip credit" against the minimum wage.

Employers may pool all tips and distribute them equitably to those employees who are in the business of providing service to the customers. This is called a tip pool.

But can the House keep any tips? Absolutely not. If the employer keeps the tips then it is not entitled to the tip credit. In such case the serves would have valid claims for the full minimum wage.

Friday, March 30, 2007

Restauruant workers who work overtime: are you entitled to 1.5 x $3.08 per overtime hour or 1.5 x the minumum wage?

Which is it? Hint: Restaurants frequently get the answer wrong. Here is the answer from the United States Department of Labor website:

Overtime: Overtime must be paid at a rate of at least one and one-half times the employee's regular rate of pay for each hour worked in excess of 40 hours per week. Tipped employees who receive $2.13 per hour in direct wages are also subject to overtime at one and one-half times the applicable minimum wage, not one and one-half times $2.13.

Note: Maryland's minimum wage for tipped employees is $3.08.