Legal Question in Employment Law in Maryland

overtime at a restaurant

I have been managing a restaurant for the past 5 months as an hourly employee. There is no General Manager at the restaurant, so i assume some of the responsibilties of that position. Over these past 5 months, I've accumulated about 160 hours of overtime, for which i have not been paid. I was wondering about the legality of not being paid overtime. I've heard that witholding overtime pay is illegal in most cases, but sometimes does not apply on certain occasions. Is my employer legally bound to pay me overtime pay?


Asked on 12/27/08, 1:10 am

1 Answer from Attorneys
Adele Abrams Law Office of Adele L. Abrams PC

Re: overtime at a restaurant

Certain supervisors are exempt from overtime (if you earn a certain amount, are on salary etc.) but if you are just filling in, you should be entitled to O/T for anything over 40 hrs/week. We can represent you in filing under the MD Wage Payment Collection Act or the federal FLSA. Please contact us to set up a consultation appointment. Good luck!

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Answered on 12/31/08, 3:59 pm


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