Overtime Rights for Restaurant Employees

Here is an issue that comes up in overtime disputes, particularly in the restaurant industry:

• The employer owns two restaurants, and the employee works at both.
• But when the total hours worked at both restaurants exceeds 40 in a single week, the employer fails to pay the overtime rate.

If you work at two separate restaurants owned by the same company, you are entitled to 1.5 times your regular rate of pay for every hour worked over 40 in a week, regardless of whether you worked at one restaurant or both.

A common problem in Texas is that workers often are not aware of their overtime rights. Or maybe you know you're supposed to get overtime pay, but you don't want to say anything because you fear you'll be fired.

Make no mistake: it is illegal to fire or threaten to fire a worker for reporting an employment law violation or filing a complaint with the employer.

The reality is that tipped employees and other workers in the restaurant industry are often the victims of wage-and-hour violations in Texas.

If you believe your employer isn't paying you the overtime you're owed, speak with an employment law attorney about your legal options. Employees, including restaurant workers, are protected by law from wage theft, tip-skimming, failure to pay overtime, and other violations.

For more on these matters, please see Sturm Law PLLC's previous post, "Tipped Employees in Texas Often Victims of Wage-and-Hour Violations."

To learn more about overtime rights in Texas, please see our overtime & wage law overview.