Legal Question in Employment Law in Virginia
Violation at restaurant
My employer requires me to arrive at work by 4:15 to do side jobs until the dinner shift begins at 5:00PM. I am also required to stay at the restaurant past its closing time (11:00PM)in order to do closing side jobs. I only get paid from 5:00-11:00PM, even though I am required to work, on average, an extra 2 hours. If I don't comply with my employer's rule, I will be fired. He has created a new rule that if the waiters do not complete side jobs to his satisfaction, he will deduct $1 from our tips. Is this in violation of Virginia Labor laws? Is there a possible law suit against him? Please let me know. I am very frustrated that this man is acting in such a manner and feel he's infringing on my rights as an American worker.
2 Answers from Attorneys
Re: Violation at restaurant
Just to piggyback on Mr. Hendrickson's response you def. want to contact the Virginia DOLI. They can be found online here: http://tinyurl.com/ynzftq
Best of luck.
Re: Violation at restaurant
Under the Fair Labor Standards Act(FLSA), employers are require to pay all salaried employees for all hours worked, including all overtime over 40 hours at the rate of time and one half---whether the work involves closing or opening sidejobs--or whatever.
What you have described may well be a violation
of the FLSA as well as any applicable wage and hour statutes which might apply under state law
and you may wish to consider filing a complaint with the Virginia Department of Labor & Industry, Employment Division, Wage and Hour section, and request an investigation of the practices which you've described.(I believe you can find the necessary forms online on the above agency's website and you may also be able to file your complaint electronically.)
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