Legal Question in Employment Law in Louisiana
I am a dishwasher at a restaurant (not fast food), a fine dining establishment, in New Orleans. I have been working tons of hours within the past few weeks. By the FLSA law I think that I should get overtime, but I am not sure. I asked the Manager how we handled overtime. He simply said that they do not do overtime. When I asked why he could not explain it to me. I looked at many of the exemption sites and did not see my specified job title. Does this type of employment fall into the exemption category (I get paid hourly not on salary)? or how do I go about finding this information out? If it does not, should I file a lawsuit for ungarnished wages?
1 Answer from Attorneys
What they are doing is illegal. Unless you are a salaried employee, you MUST be paid overtime for any hours you work beyond 40 hours in a week.
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