Legal Question in Employment Law in Georgia
Restaurant manager overtime question
I am a restaurant manager who works a minimum of 9 hours daily. On days that my district manager cannot find staffing for my 2nd or 3rd shift I am required to work in the unstaffed position. For example I work 1st shif every day (6am-3pm), on a day where there is no second shift cook I am required to work the second shift from 3-9pm. I am wondering if I should recieve overtime pay for these extra hours worked.
1 Answer from Attorneys
Re: Restaurant manager overtime question
The answer requires an analysis of the Fair Labor Standards Act and its various regulations and interpretations. This is a very complex area and it is difficult for me to give you a definitive answer based on this limited information. However, based on what you have described, you are likely performing duties that are exempt (i.e., managerial) and nonexempt (i.e., cooking) during certain weeks. Assuming the restaurant is covered under the FLSA, you are likely entitled to receive overtime pay for hours worked in excess of 40 during such weeks. If you are interested in discussing this in more detail and analyzing what steps you can take to address any potential violations, please contact me using the email or phone number listed in my profile below. I would be happy to give you a free consultation by phone.
This response is for informational purposes only and does not create an attorney-client relationship.
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